Friday, February 3, 2017

Wasserman on Segall on Keeping an Eight-Justice SCOTUS

Now on the Courts Law section of JOTWELL is Howard Wasserman’s essay, Eight Is Enough. Howard reviews Eric Segall’s article, Eight Justices Are Enough: A Proposal to Improve the United States Supreme Court.


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The German Constitutional Court has two Senates (deciding different matters) of eight justices each.

There many things that can be spelled in statutes that, were they law here, would have avoided the Garland matter and the nuclear option. For examples

(1) Justices are elected by a two-thirds vote, eight by the Bundestag (Parliament) and eight by the Bundesrat (Council of States).

(2) Justices have a single 12 year term.

(3) Justices must retire at age 68.

(4) If a Justice leaves office prematurely, the replacement must be elected within one month.

Posted by: James Maxeiner | Feb 4, 2017 11:52:11 AM

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