General Discussion
In reply to the discussion: Rep. Neguse resolution to overturn Citizens United [View all]Bluetus
(2,736 posts)One of our top priorities must be to completely reform the SCOTUS. From the very beginning, and especially in the past 20 years, the SCOTUS has effectively made up law from whole cloth. This is why one of the most selfish and destructive acts in the history of our nation was when RBG would not give up her seat at a time that a liberal could replace her.
Congress has the power to reform the courts. But that means we must have a President that will sign that legislation. And before that, we must have a Senate that will go along with what emerges from the House. And before that, we must have a House that will actually vote for these reforms. Remember that we still have something like 100 "centerists" who will never do anything helpful without great pressure.
So it is a long road, but we must start now. We need to make SCOTUS reform one of the top 5 issues that every Dem is confronted with in every election. And it does not have to be a completely partisan thing. There can be a fair and balanced set of reforms, such as
* Expand to 13 active justices
* Rotation of Chief
* 1 new justice seated in the 1st, 2nd and 3rd years of each POTUS term
* When there are more than 13, the longest-tenured become "Senior" and non-voting
With such a system, no President would ever name more than 6 justices (less than a majority). Other than death or resignation, there would effectively be a term limit of about 17 years. If we had that system today, Thomas, Alito, and Roberts would have been non-voting years ago. Sotomayor and Kagan would be nearing their "senior" status.