How the Supreme Court Can Have its Jurisdiction “Stripped”

In a Nutshell

  1. Cases affecting ambassadors, other public ministers and consuls; and
  2. Those in which a state is a party.

Presidential Commission on Reform of the Supreme Court

  • “Packing” the Court- i.e., adding members to correct a political imbalance;
  • Adding “supermajority” voting requirements to decisions which involve the constitutionality of legislation or which expressly seek to overturn Court precedents (similar to impeachment conviction requiring a 2/3 Senate majority);
  • Imposing term limits on members — or limits on the length of active status;
  • Imposing a Code of Ethics on the Supreme Court instead of the current regime which leaves it solely to each justice to determine if he’s been ethical;
  • Splitting the Court into panels (e.g., Original vs. Appellate Jurisdiction);
  • Rotating randomly selected members from the Courts of Appeals onto SCOTUS panels to reintroduce some uncertainty as to outcomes.

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