The Urgent Need for SCOTUS Reform, By The Numbers

[marmar]

The Urgent Need for SCOTUS Reform, By The Numbers
The highest court in the land does not represent the interests of the American people. It doesn’t have to be this way.

CLARA LIANG FEBRUARY 4, 2021


(In These Times) In the wake of the Capitol attacks and Joe Biden’s ascension to the White House, Donald Trump’s rushed confirmation of Justice Amy Coney Barrett to the Supreme Court has become something of an afterthought. Still, the critiques of her confirmation process?—?as well as the questions they raised?—?have never been more urgent. With Democrats now in control, SCOTUS reform is back on the table. Last week, President Biden began staffing a bipartisan commission dedicated to examining the Supreme Court and federal judiciary, following through on a pre-election promise to address a court system that’s ​“getting out of whack.”

As the only branch of government that does not answer directly to the American people, the judiciary has enjoyed a bloated influence in our politics. Nine disproportionately white, male, and wealthy Supreme Court justices have enormous sway over personal and partisan issues that affect the entire populace. And stare decisis, the principle by which the Court adheres to precedent, means that it is decidedly conservative in its outlook. Why should a handful of unelected judges determine the fate of healthcare, reproductive access, LGBTQ equality and voting rights?

....(snip)....

What’s worse, Supreme Court appointments allow presidents to set an ideological agenda that long outlives their time in office. Selecting justices is one of the most important powers a president has (and sometimes vice-versa). The hypocritical sparring match between Democrats and Republicans that accompanies these appointments has become an embarrassing tradition. Today, the Court is a political weapon that threatens, rather than nurtures, democracy.

But it doesn’t have to be this way. In fact, Article III of the Constitution, which establishes the existence of a Supreme Court, is quite vague in its prescription for the judicial branch. The Founders set no constitutional stipulations regarding the age, experience, or citizenship of Justices. Many details?—?like the size of the Court, which has fluctuated over time?—?were left to the President and Congress to decide. There exist a number of (widely supported) ways to fix the Court, from eliminating lifelong terms for justices to revoking their power to choose their own cases. ................(more)

https://inthesetimes.com/article/us-supreme-court-statistics-history-judiciary-rbg-trump-biden

[lastlib]

1. We need a National Court of Appeals.

(loaded with 25 good young prgressive judges!) All appeals from lower courts go here. Strip SCOTUS of appellate jurisdiction, leave it with its constitutional original jurisdiction. Clarence gets all the naps he wants, BeerBoy can stay hung-over, and we the people get justice. Amy can take up knitting.