Comment by Nicook
4 days ago
Scalia wrote some really interesting opinions for sure. Feel like the arguments are only going to get worse :(
4 days ago
Scalia wrote some really interesting opinions for sure. Feel like the arguments are only going to get worse :(
Because in practice the US Supreme Court is a partisan body, the United States is deprived of the potential for excellent jurists you'd expect with a population of hundreds of millions and some of the world's best law schools. Only a subset of your best will exhibit the desired partisan skew.
Despite the larger population and improved access, my guess is that the quality of Supreme Court Justices today is probably worse than in 1927 when it decided Buck v Bell (which says it's fine for states to have a policy where they sterilize "unfit" citizens, straight up Eugenics)
How would you suggest selecting jurists in a way that doesn't introduce partisan incentives?
It would be worth looking at how other countries with comparable legal systems do it.
Eg., members of the Supreme Court of the UK are appointed by the King on the advice of the Prime Minister. The Prime Minister is required by law to recommend the person nominated by an independent commission.
The selection must be made on merit, in accordance with the qualification criteria of section 25 of the Act, of someone not a member of the commission, ensuring that the judges will have between them knowledge and experience of all three of the UK's distinct legal systems, having regard to any guidance given by the Lord Chancellor, and of one person only.
https://en.wikipedia.org/wiki/Justice_of_the_Supreme_Court_o...
This seems to work fairly well and, although specific decisions are argued over as part of normal political discourse, it is generally seen as being non-partisan.
Ireland (which also has a common law legal system) has a similar setup, with the President appointing supreme court justices based on the recommendation of the government who, in turn, are advised by an independent panel. That advice is technically not legally binding, so this is in theory a less-strictly non-partisan system - but in practice it works out about the same.
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Given that the current system maximises partisan bias, it's actually hard to do worse.
Ideally you'd want to reform this hierarchically, but supposing we can only fix that final court, you want say a committee consisting of roughly a couple of academics who've taught this stuff, a couple of real on-the-ground attorneys who've argued before this court, a couple of retired judges from this court (if it had age limits, but today it does not) or the courts below it who've done this job, and five otherwise unconnected citizens (no specific business before any court now or expected) chosen at random the way most countries pick their juries.
That committee is to deliver a list of several people best qualified to fill any vacancies on the court which arise before the next committee does the same, if such a vacancy arises you just go down the list.
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