
Originally Posted by
Montmorency
Good question.
The Supreme Court today basically acts as an elite legislature. From the partisan point of view, it would be unacceptable to have a few Republicans strike down nearly any possible Democratic reform in the coming decades. From the left philosophical point of view, a few jumped-up bureaucrats deciding the fate of millions from their cloister is unconscionable, regardless of their political orientation.
The reform proposed above is essentially centrist, in that it preserves the Supreme Court while making it a little more representative of ideology in the country (a 6/5 balance favoring Democrats would be roughly proportional).
A more thorough-going reform would be for Congress to outright legislate away the power the Supreme Court has arrogated to itself over 200 years, and start over with the larger federal court system.
Bookmarks