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Full-Text Articles in Law
The Future Of Supreme Court Reform, Ganesh Sitaraman, Daniel Epps
The Future Of Supreme Court Reform, Ganesh Sitaraman, Daniel Epps
Vanderbilt Law School Faculty Publications
For a brief moment in the fall of 2020, structural reform of the Supreme Court seemed like a tangible possibility. After the death of Justice Ruth Bader Ginsburg in September, some prominent Democratic politicians and liberal commentators warmed to the idea of expanding the Court to respond to Republicans’ rush to confirm a nominee before the election, despite their refusal four years prior to confirm Judge Merrick Garland on the ground that it was an election year. Though Democratic candidate Joe Biden won the Presidency in November, Democrats lost seats in the House and have a majority in the Senate …
Remaking The United States Supreme Court In The Courts' Of Appeals Image, Chris Guthrie, Tracey E. George
Remaking The United States Supreme Court In The Courts' Of Appeals Image, Chris Guthrie, Tracey E. George
Vanderbilt Law School Faculty Publications
We argue that Congress should remake the United States Supreme Court in the U.S. courts' of appeals image by increasing the size of the Court's membership, authorizing panel decision making, and retaining an en banc procedure for select cases. In so doing, Congress would expand the Court's capacity to decide cases, facilitating enhanced clarity and consistency in the law as well as heightened monitoring of lower courts and the other branches. Remaking the Court in this way would not only expand the Court's decision making capacity but also improve the Court's composition, competence, and functioning.