Saturday, October 10, 2020

How to Reform the Supreme Court


Yesterday I was on Ben Wittes' and Kate Klonick's show, In Lieu of Fun, to discuss my proposal for reforming the Supreme Court. Despite the title of this episode, I am actually opposed to Court packing. Instead, I am in favor of a different system for regularizing Supreme Court appointments. Read the blog post for details!

As I explain during the show, my proposal creates the practical equivalent of 18 year term limits. But it can be done through ordinary statute, it maintains life tenure, and it is fully constitutional, building, as it does, on two early precedents of the Supreme Court, Marbury v. Madison and Stuart v. Laird, both decided within a week of each other in 1803. 


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