Response to R's plans for RBG seat
I agree with those that think that expanding the court would become an arms race between the parties. I think there is a better plan. The constitution provides for limited original jurisdiction for the Supreme Court (In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be a Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the Supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.)
Congress has very broad authority over the courts, with the exception of the Supreme Court’s original jurisdiction. I suggest, after the election if the republicans succeed in appointing a new justice to replace RBG, that congress pass a new judiciary act that limits the Supreme Court to the enumerated original jurisdiction. Then create a new court that sits above the existing courts of appeal, with all remaining jurisdiction now held by the Supreme Court. Perhaps throw in additional provisions to improve or make similar changes to the existing courts of appeal, and codifying more explicit procedures for appointments to the Supreme Court and the lower courts. The result would be a Supreme Court without much to do, and a new layer of courts ready to take over, totally staffed by democrats.
Of course this would be unnecessary if one or more of the conservative justices decided to retire, and allow the the vacancies to be filled by Biden, restoring the status quo ante. Perhaps Roberts would be willing to do this to preserve the court’s reputation.
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