'When your political system can be thrown into hysteria by something as predictable as the death of an octogenarian with advanced cancer, there’s something wrong with your political system,' writes usatodayopinion columnist Glenn Harlan Reynolds.
with very similar backgrounds, backgrounds that make them very different from most Americans, or even from most lawyers.So to break it down: All the hysteria about a Ginsburg replacement stems from the fact that our political system is dominated by an allegedly nonpolitical Court that actually decides many political issues. And that Court is small and unrepresentative of America at large.
In an earlier article, responding to Democrats’ plans to “pack” the Court with several additional justices whenever they get control back, I suggested going a step further, and, one each to be appointed by every states' governor. My proposal wasn’t entirely serious, being meant to point up the consequences of opening the door on this topic. But on reflection, maybe it was a better idea than I realized.
Under my proposal, the death or retirement of a single justice wouldn’t be much more than a blip in the news, instead of something serious enough that there are people talking about violence in the streets. A Supreme Court composed of 59 justices wouldn’t have the mystique of the current Court — you might believe in 9 Platonic Guardians, but the notion of 59 such is absurd.
Would my approach have problems? Sure. But would it be likely to bring America to the brink of Civil War? No. Which is a pretty major advantage over our present situation. Keep that in mind as we navigate the coming storm.
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