March 4, 2008
Avoiding Recusal-Based Ties at USSC
In light of yesterday's per curiam decision in Kent, Howard Bashman's "On Appeal" column at law.com should be of interest. Bashman discusses recusal-based ties at the Supreme Court, and proposes allowing federal circuit judges to sit by designation in cases where a Supreme Court Justice recuses.
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Congress should make the number of SC Justices an even number, preferably a far higher one. 5-4 decisions hurt the credibility of the Court. Ties will make the Court more conservative, in the sense of enhancing stare decisis.
Posted by: Supremacy Claus | Mar 9, 2008 10:16:08 PM