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rockercoaster | 5 months ago
I've been making noise about this option but it doesn't seem to have entered even the online-politics-discussion mainstream yet. Everyone's like "expand the court" but I think both expanding it to match the count of circuits, and forming it by lot from lower courts each session (or multiple lots for a session—it might be good to at least have one group choose the cases, and a different one hear and rule on them) is a far more elegant solution and provides longer-lasting protection against problems, while also depoliticizing the reform to a degree (it wouldn't just be whoever's in control instantly gaining several justices) which I think makes it far more likely to actually be an achievable and durable reform.
It's even got a phase-in option that'd be immediately beneficial and also side-step any questions about whether an SC justice can be "demoted" to merely another federal judge: leave the current ones in place, start drawing the new seats by lot immediately. Existing justices' seats fall under the lot system as they come open. Done.
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