

81·
2 days agoBye bye bobo


Bye bye bobo


I could see real advantages to having a quite large Supreme Court where the justices who hear and decide a case are a subset of the total and the ones who hear a case are selected at random from the pool. Similar such systems already exist in the circuit courts and it helps to prevent gaming of the system. It’s much harder to game out who you need to appeal to in your arguments when you don’t know for sure who’s going to hear your case. Also makes it possible for them to hear more cases. I think Congress also ought to use their power and tell the Supreme Court that no, actually you DON’T get to say our laws are unconstitutional. That was wrong back when you started doing it and its wrong now.
It would be on Congress to do so. Or possibly the courts and the executive could give Constitutional rights higher priority, if there’s a conflict. The law would still stand, but anything explicitly specified in the Constitution would take priority.