I have a question about Supreme Court reform.

[ECL213]

Let's say the Dems win the House and the Senate in November (please, whatever gods may be, let it be so), and they decide to reform the court system. They could add more District courts. They could increase the number of Supreme Court justices to thirteen, so there is one for each Federal circuit.

However, who is to say that the current Supreme Court is THE Supreme Court? The Constitution just requires "one supreme Court". Could Congress say the current Court (or a new Court of 13) is now just another appellate court with certain jurisdiction, and then say the Supreme Court sits above them and now has three or five justices.

Certainly, Congress needs to pass ethics legislation. Maybe some sort of recusal panel that can force judges to sit out decisions when there is a "sign of impropriety". There should be stricter rules about reversing existing precedent. But if you're going to reform the Court, why not go for broke?

Educate me, folks. Are there barriers to such a move? It would be delicious to watch the billions and billions that have been spent to pack the court go down the f'ing drain.

[Fiendish Thingy]

1. Nothing can or should happen until we have a Dem president in 2029.

Once Dems have the trifecta, There is no need for convoluted legislative machinations- just expand the court to 13 (or preferably 15) seats/circuits in order to neutralize the current MAGA majority.

Other reforms should be undertaken as well, including financial and ethical reforms, but expansion must be first and foremost.

[MichMan]

2. Wouldn't anything like that be challenged and ultimately end up being heard by the current SC?

How do you think they would rule?

[lastlib]

3. There has been an even better proposal floated:

a National Court of Appeals. Congress would strip SCOTUS of all of its appellate jurisdiction, leaving it with its constitutional original jurisdiction. (see Article III). They would establish a National Court of Appeals to hear all appeals from the circuit courts and state high courts. Hopefully it would be packed with about 25 young progressive judges. Uncle Clarence could then get all his naps, and ride around in his luxury RV with almost nothing to do, and Sammy Scum could twiddle his thumbs and write nasty screeds that everyone could ignore. I rather like the idea.