Post by mhbruin on Aug 4, 2020 10:58:00 GMT -8
The number of Supreme Court justices should always equal the number of circuits, as each justice has onerous administrative burdens for their assigned circuits. There are now 13 circuits and it could easily be 15 or more by 2025.
In addition, why not have the Supreme Court operate like a circuit court? On less important cases, 3 judge panels can make a decision. Sore losers can seek an en banc hearing if they feel the issue is important enough.
One can add two judges every 5 years and so take some of the politics out of it and leave the rest in with both sides feeling victory is within grasp. The 3-judge panel would do more of the same: Imagine a panel of Thomas, Alito and Kavanaugh hearing a case on Roe v Wade. My guess is, that gets heard en banc.
So the SCOTUS should have 13 judges by 2021, not for political reasons, and be increased to 15 by 2026 and perhaps 17 by 2031. That leaves plenty of room for both parties to make a political issue of what's clearly a very politically-biased court (and always has been).
A note on circuits and burdens: SCOTUS judges can take up district court decisions and bypass circuits (e.g., Kavanaugh upheld a district court's decision in Los Angeles ruling limit on church gatherings to 50 or fewer people doesn't violate First Amendment; SCOTUS denied cert by a 7-2 vote). Brett needs help now! He's tired fighting this pandemic single-handedly.
Biden really needs to give Brett a break by appointing Leondra Kruger and Cheri Beasley. Hopefully to replace Thomas and Alito...