Goodreads Profile

All my book reviews and profile can be found here.

Saturday, September 29, 2018

Time for an Even Number

I am becoming more and more convinced that we would be better off with a 4-4 court. That everyone now looks to the court to make decisions of great monument (in spite of better a very small portion of the Court's decisions - 68% of decisions were unanimous in 2017) is indicative of the failure of Congress. We now essentially have a two-branch government instead of three and I don't think it's a good thing having one person (Anthony Kennedy or whomever) deciding what's best for the country on large cultural issues that seem to be the most problematic. If the decision is split evenly, the decisions of the Circuits stand, for the time being. Why is that a bad thing. So what if the law is slightly different in California than Texas. Do we really want one unelected person to make the decision for the entire country? I think what the Democrats should do if they win in November and take the House is to reduce the size of the Court to 8 or increase it to 10. The original Judiciary Act of 1789 set it at six. It was changed several times before becoming more or less permanent at nine in 1868 when the Court was packed to help Grant. Only a simple majority is required to change the size of the Court. I think it's time to revert to an even number. Then perhaps Congress can reclaim its role as legislator, a role it has abrogated to the Court.

ADDENDUM: I have done more research on this idea and am adding some caveats. If the Democrats were to reduce the size of the court by one following the seating of Kavanaugh, it would not reduce the size of the court immediately and the justices, since they have lifetime appointments would not be removed by seniority, but only by death, resignation, or impeachment (unlikely as it requires a 2/3rds majority vote in the Senate to convict. If they voted to add a seat making it 10 members, the president could, I assume simply ignore the extra seat by not nominating anyone. I have been unable to determine whether the president could veto their decision.

No comments: