Monday, October 12, 2020
Adam J. Levitin, American Prospect: With the passing of Justice Ruth Bader Ginsburg, an ugly, partisan Supreme Court nomination fight once again looms over American politics, starting with today's Senate confirmation hearings for Judge Amy Coney Barrett. Fortunately, there's a simple--and unambiguously constitutional--way to avoid this problem in the future. We can depoliticize the Court by supersizing it. ... If the Court were substantially expanded to, say, 33 justices, it would be too large for all justices to hear every case. Instead, the Court would have to sit in smaller panels of randomly assigned justices, just as the circuit courts of appeals already do.
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