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this post was submitted on 30 May 2024
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11 or 13. You don't do even numbers on the SC so there aren't voting ties.
13 makes the most sense. There are 13 circuits, why not 13 Supreme Court justices?
…and the district judges themselves elect/appoint their representatives to SCotUS. Get political appointees out of the top bench, I’ll take an unelected meritocracy over cronyism and patronage any day.
I like that Idea. It doesn't entirely solve the problem of political appointees since the lower court judges are themselves appointed, but it does provide a layer of abstraction to where the judge isn't directly beholden to a party, in theory.
It's not like Trump appointed hundreds of judges... right?
It would at least (in theory) kick the politicization of judges to the circuit level and promote the same borderline majority opinions there instead - but make accession to SCotUS a supermajority. Hopefully then the only ones they can agree on are outstanding jurists.
Or if it does fall prey to partisan agendas, then it makes the ideological bent of SCotUS stable-ish.
I...huh. Never thought of this tbh.
Yeah agreed. I never quite understood FDRs thinking on putting an even number of people in the court. We have so many 5-4 decisions now an even court would be chaos.
Force a definitive decision, instead of precedent that keeps getting overturned?
Tennis woks kinda like that.
Can’t they recuse or abstain from voting though?
They can, but as we can see from Thomas and Alito, they don't.
Yes. But that rarely happens (usually just because of health issues). There are very few decisions that have been made where all the members didn't weigh in. When even votes have happened the lower court ruling will stand as is. Which is particularly bad when you have places like the 5th circuit trying their best to fascism.
12 with ties being decided by a season of survivor.