A Liberal Roadmap to Supreme Court Reform

The Court Risks Illegitimacy

When Donald Trump won the presidency, he won it at a critical moment in judicial history. It was at this time that Mitch McConnell blocked a vote for Barack Obama’s Supreme Court nominee Merrick Garland. No vote was called and McConnell reasoned that a president cannot appoint a judge in his last term. A rule that he has disregarded recently. His infidelity to his own rule is prominent because a liberal justice, Ruth Bader Ginsburg is 86 years old.

The Case for Reform

What’s frustrating about the liberal approach is that in 2016 they seemed to completely forget about the judiciary. Conservatives noticed and filled this void.

The Supreme Court Nine Doesn’t Actually Mean Nine

Important considerations come into play when considering reform. The most important of such will be the constitutionality of any reform. A measure of constitutionality it should be noted that would be measured by the Supreme Court. The very institution we are discussing reforming. It’s hard to imagine Chief J Roberts and the other conservative justices will willing give away their power by diluting the Supreme Court.

Plans For Reform

The most encyclepediac exploration of Supreme Court reform can be found in a recent law review article published in the Yale Law Journal by Daniel Epps and Ganesh Sitaraman. In their article they present two novel ideas while considering the shortcomings and advantageous of some of the ideas listed below.

Pack the Courts

The usual starting place is to pack the court. That’s because this recourse is not without historical precedent. As there are no constitutional obligations to keep nine Supreme Court justices why wouldn’t the next president merely appoint a new number reconfiguring the ideological balance of the court. No where does the Constitution say there must be nine Supreme Court justices.

Conclusion

This term the Supreme Court will hear cases involving gun control, abortion, LGBTQ rights and immigration. That’s a concern because Chief Justice John Roberts is really conservative, In 42 split-decisions Roberts has presided over involving racial minorities, immigrants, workers, and abortion, he voted for conservative outcomes every time. In other words, whether he’s ruling in the impeachment trial or against immigrants, Justice Roberts is a partisan hack.

Gypsy writer