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writing for godot

Balancing SCOTUS

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Written by Stephen Jablonsky   
Monday, 01 October 2018 03:27

Balancing SCOTUS

The original Supreme Court had six members, a chief justice and five associates. The founding fathers could have made it an odd number but they chose six. Right now we have eight justices, four on each side of the imaginary fence. I propose that Congress legislate that the court will have eight members to give both sides of any argument equal weight. If a matter that comes before the court is truly momentous then a 5-3 or 6-2 decision should decide the legality of the issue. When the power of an argument is strong enough it should draw agreement from the other side. This is crucial in cases that affect all Americans equally.

Having a court that has nine members has meant that one side always wins in 5-4 decisions. Does it seem fair if justice swings only one way for decades? In an ideal world our justices would have no party affiliation, prejudice, or predisposition, but Judge Kavanaugh has graciously reminded us that such a thing has never been and never will be.

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