Presidential Commission on the Supreme Court of the United States
resort.” Brent M. Hanson, Judicial Hot Potato: An Analysis of Bifurcated Courts of Last Resort in Texas and Oklahoma, 12 Tenn. J.L. & Pol’y 161, 164–65 (2018).
- ↑ See Scheppele Testimony, supra note 191, at 9–14 (providing examples of high courts that sit in panels, and arguing that such a structure may be preferable).
- ↑ Jackson Testimony, supra note 106, at 2, 19, 21–23; Greene Testimony, supra note 100, at 3–5.
- ↑ See Hemel, supra note 106.
- ↑ For different versions of this proposal, see Epps & Sitaraman, supra note 145, at 193 (proposing a Supreme Court of 15 Justices, with five Democrats, five Republicans, and five Justices to be chosen, with a unanimity requirement, from the lower courts by the sitting Justices); Eric J. Segall, Eight Justices Are Enough: A Proposal to Improve the United States Supreme Court, 45 Pepp. L. Rev. 547, 550 (2018) (proposing that Congress set the number of Justices at eight, with four Democrats and four Republicans).
- ↑ See Segall, supra note 195, at 561–62. Some proponents of this approach note the likelihood of greater plurality opinions, which carry less weight as precedent. See Grove, supra note 188. This prospect could lower the stakes of any one decision by the Court. See Grove, supra.
- ↑ See Epps & Sitaraman, supra note 145, at 199–200.
110 | December 2021
