A Proposal
With Something to Irritate
Everyone
Part Two of Three
Well, a proposal
that has something guaranteed to
annoy just about everyone.
According to a story in this
morning's Washington Post, a
bunch of "prominent law
professors and jurists" have
sent congressional leaders a
letter proposing bold (or
foolhardy) changes to the
Supreme Court.
The article
–-"Legal Experts Propose
Limiting Justices' Powers,
Terms"-- can be read at
www.washingtonpost.com/wp-dyn/content/article/2009/02/22/AR2009022201863_pf.html.
So let me just summarize its
four highly controversial
proposals.
According to
the Post's Robert Barnes'
paraphrase, the letter argues
"there is no reason Congress
should consider the operation of
the high court sacrosanct."
Organized by Duke University Law
professor Paul D. Carrington
(and signed by 33 others), the
letter tries to make a
distinction between
"interference with the substance
of the court's work" (which the
signers say they oppose) and the
way the court "operates."
Sent to the
chairmen and ranking
minority-party members of the
congressional judiciary
committees, Attorney General
Eric Holder Jr., and Vice
President Joseph Biden, the
letter makes four
recommendations. Included is a
form of term limits-- "moving
justices to senior status after
18 years on the court," Barnes
writes. "The proposal says that
justices now linger so long that
it diminishes the likelihood
that the court's decisions 'will
reflect the moral and political
values of the contemporary
citizens they govern.'"
The group also
"calls for the justice who
serves as chief to be limited to
seven years in the job, because
it has 'extended into numerous
other political, administrative
and non-judicial roles calling
for a measure of special
accountability.'"
The third
recommendation deals "with the
removal of justices in failing
health 'who are increasingly
prone to remain in office and
retain their political power
even if no longer able to
perform their office.'"
Fourth, and
finally, there is a proposal
that "would deprive the justices
of one of their greatest
powers," Barnes
writes--"deciding which cases
they hear."
The letter
"envisions a 'Certiorari
Division' made up of senior
justices and appellate judges
who would review the petitions
and send 80 to 100 each year for
the Supreme Court to decide,
whether it wanted to or not."
Carrington
told Barnes "even this group was
not unanimous on any of the
proposals," and that "The
politics of this are very
difficult." Even though none of
the proposals would take effect
until those already on the court
are off, Carrington said he was
"confident of one other thing:
'I'm sure the justices would
hate it.'"
Please send
your comments to
daveandrusko@gmail.com.
Part Three: "Making
Information Technology Work for
You and Unborn Babies."
Part
One: Catching Up |