Okay lawyers, I'd like your opinions on this notion I had to address the problem of the the U.S. Supreme Court...

[PeaceWave]

The Supreme Court, as it currently exists, has ceased to represent the wishes and needs of the vast majority of Americans. The impeachment process is not a practical means of removing any sitting members of the Supreme Court. The existence of the filibuster makes impractical any attempt at packing the Supreme Court.

Perhaps we have been focused on the wrong means of addressing the problem. Article III of the the Constitution states:

The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.

Nothing in this wording suggests that a new court, sitting above the current "Supreme" Court could not be created - by executive order - by a future Democratic President. Members of this new court could be drawn from the current "Supreme" Court (in the case of Justices Sotomayor, Kagan and Jackson) or appointed from the ranks of Appellate and District judges by a Democratic Senate by a mere majority vote.

Desperate times call for desperate measures. I'm trying to think outside the box here. What say you?

[mahatmakanejeeves]

1. Kevin Kruse has proposed that a pool of justices be established.

Some one hundred or so current appellate court justices be placed in a pool. They have already been confirmed by the Senate.

When a split in the circuits arises, nine or eleven or thirteen or whatever justices are drawn from the pool to decide if the has Supreme Court potential. If so, they hear it. Justices with conflicts are excluded from selection.

The selection of justices is randomized. Groups like Focus on the Family won't be able to call upon their existing strategy of inventing victims and ginning up conflict designed to appeal to one or two sitting justices, because they won't know who the sitting justices will be for their time at the Court.

Those are the basics as I recall.