Sunday, November 26, 2017
Check out Linda Greenhouse's review in the NYT of Prof. Steven Calabresi's piece, Proposed Judgeship Bill. Calabresi argues that Congress should "immediately pass a judgeship bill funding new federal judgeships for the federal courts of appeals and the federal district courts" in order to meet the "woefully understaffed" federal courts. (Greenhouse wrote that she learned of the piece from a post at Think Progress.)
Greenhouse says that Calabresi's piece, styled as a "Memorandum to the Senate and the House of Representatives," is a "head-snapping" effort to stack the lower federal courts with conservatives. She also argues that it's based on a false premise that there's a workload crisis in the lower federal courts. (There isn't a crisis, she says, or at least not a new one. Federal appeals have remained more-or-less steady for the last decade.)
Calabresi also argues that administrative law judges should be eliminated and replaced with Article III administrative law judges.
He says that Congress should make these changes in the currently pending Reconciliation Bill, "because that Bill cannot be filibustered in the Senate."