The main way to save American democracy - which GOP hates - is to completely transform SCOTUS, not to tilt it toward democratic as opposed to Republican majority, but to make the majorities largely irrelevant. Which means we need 27 Justices. The way....1
time.com/5338689/suprem…
...this would work would also expose the GOP's "constitutionalism" as just BS policy seeking.
No 1 or 2 people - particularly when you have pure partisans like Alito and Thomas on the court - should have the power to change American based on policy preference, nor falsely...2
...claim "original intent" allows for throwing out all precedent. The amount of overruled - or ignored - precedent in recent years has been shocking. If these Justices *are* just calling balls and strikes (which we know they aren't) no one could possibly object to using...3
...expansion. It would work like an appeals court: A large pool of justices (27, which is less than in some full banc of judges), arbitrarily assigned to each case, where 9 hear. All reversals of precedent automatically go to all 27. All purely political cases - election...4
...results, campaign contributions, power of 1 branch of government - goes to all 27.
How theye picked: Would only happen under a democratic president with a dem senate, but here goes. A rule is established that all nominees must have served for at least 5 years on appeals...5
...court, and been involved in no partisan activities (this would have knocked out Alito, because he was practically a branch off the GOP Congressional Campaign Committee. But too late.) A total of 18 new Justices would be named. GOP senate is invited to nominate enough that...6
...the total named by GOP would be 13. Dems the same: 13. Then a final one nominated by joint agreement. Now, the "nominations" would have to go to the president. Any judge who meets the requirement - 5 years, no partisan activities - and passes background check will be...7
...formally nominated by the president. At this point, the final standard: The nominees must receive at least a B rating by the ABA to get a quick approval. Anyone who receives less than a B is subjected to more extensive hearings to explore qualifications. And...the end. You...8
...would then have qualified and experienced judges, without direct partisan behavior. No single Justice could direct the court anywhere. Every ruling would be subjected to extensive review. And in the end, the politics of nominating and confirming justices in the future would..9
...stop having "life or death" reactions on either side. Replacing 1, 2, or even 3 would make little difference.
And anyone who would not want to do this without citing policy goals misses the point. We have to try to remove SCOTUS from partisanship. Traditional...10
..."packing the court" would set off a race to the bottom. Trying to turn the court liberal would be no more appropriate than trying to turn it conservative. It needs competence, with competing jurisprudence. Then it can be the Supreme Court again rather than what we have now
end
Share this Scrolly Tale with your friends.
A Scrolly Tale is a new way to read Twitter threads with a more visually immersive experience.
Discover more beautiful Scrolly Tales like this.