October 12, 2020

IT'S JUST POLITICS, JOE:

The Case for Shrinking the Supreme Court (MICHAEL STOKES PAULSEN, October 19, 2016, National Review)

Senator John McCain made minor headlines this week by stating that a Republican Senate might well be justified in refusing to confirm any nomination that a president Hillary Clinton might make to the Supreme Court. The only problem with such a statement is that it does not go far enough: The Senate should decline to confirm any nominee, regardless of who is elected. More than that, it is time to shrink the size of the Supreme Court.

Congress should pass a law reducing the Court's membership to six Justices rather than nine -- a return to its original size -- and in so doing both take the question of Supreme Court appointments off the table for this election cycle and also thereby reduce the capability of the Court to engage in judicial activism harmful to the Constitution. And if the president vetoed such a bill, the Senate should accomplish the same thing by acting on its own, as an exercise of its "advice and consent" power.

Posted by at October 12, 2020 12:00 AM

  

« TIME TO STAND AGAIN: | Main | GIVEN DEFLATION, 0% IS USURIOUS: »