The only way to have a SCOTUS that looks like America is to increase it size to say 15 members

[Perky]

This is not simply an issue of of diversity, it goes to having protection against wild swings in how the court pervieves it role and the role of the consiturion.

I am actually ok with conservatives on the Bench as long as they posess intellectual vigor (the difference between Scalia and Thomas. There is a place for full throated argument in chambers and conference so long as there are an equal number of liberal judges as well. The problem is that outside political issues (what;s coming down the pike next) has as much to do with choices for SCOTUS as does acumen and opinions But we also need honest samrt moderates to bring the sides togather,

The real issue is that the small size of the Court and the lifetime term is that replacements are rare and the impact can be massive and therefore highly political and highly partisan. I think it posits too much power in the Presidency, You have to change the calculus and you do that by making a single appointment less important.

I say increase the size to 15, and give them a ten year gig. A larger court that is not so politicized is in everyone's interest and would provide the diversity in identity, temperment and judicial philosophy to ensure the Cosnitution and the people are well served.

Obviously you would have to stagger the additional six and figure out a way to to avoid a chorus of "packing the court" but it can be done,

[stray cat]

1. should it include ignorant individuals and people like Joe the Plumber

and Sarah Palin since Joe and Sarah and the willfully ignorant and ignorant are represenative of many

[Perky]

2. I guess that would be up to the President and Congress

[ShadowLiberal]

18. One senator actually argued that when a SC nominee was attacked for being too mediocre

I don't have the exact wording with me, but he said something like "hey there's a lot of mediocre people in this country, aren't they entitled to representation on the court to?".

[Joe Bacon]

21. Ol Roman Hruska from Nebraska said that

defending Nixon's disastrous pick of Harold Carswell to the Supreme Court, back when the Senate actually stood up to Tricky Dicky and rejected that nincompoop.

[Bobcat]

3. Deja Vu

FDR dejavu......Repukes would scream "stacking the court" (again).

[Perky]

4. As I said

You need a method to overcome the charge.

[TheMightyFavog]

5. FDR tried it, and it did not go well for him.

Not a good idea.

[Perky]

6. Of course he tried it It was ham handed and naive

It wa specifically about New Deal Legislation. Tell me somenthing I don't know.

My suggestion has nothing to do with the politics of the momentm its a serach to defuse the poliitcal importance of a single appointment

[Abq_Sarah]

8. It would be seized upon

As a ham handed move to pack the courts. There is no other way to view it.

[TreasonousBastard]

10. And you think Republicans and talk radio wouldn't...

treat the idea with the same venom they had for FDR? They saw through Roosevelt's "taking the workload off older judges" and would call Obama every name in the book over the idea.

And god help us all if a wingnut President gets to appoint 6 extra justices.

[Perky]

11. Of course they would in today's evironemnt

But I am not talking about Obama pickling all six or Obama proposing this,



He would habe to get hatch on board and make some accomondations with rears to the initial selection process,

[David__77]

12. I wish FDR had succeeded.

The court stymied the New Deal and the social transformation of the country. We cannot let that happen a second time.

[TreasonousBastard]

7. Congress sets the size of the Court...

according to Article III. And it has been 9 justices since 1869-- when the country was a lot smaller.

FDR tried to get Congress to increase the size of the Court to eventually be 15 by adding a new justice for every sitting justice over 70 who wouldn't retire, but was shot down.

Nobody really knows what would happen with a larger Court. There could be a lot more opinions and dissents clouding issues even more than before they got to the Court. And, it allows as much mischief from the conservative side as from ours.

[rasputin1952]

20. Nothing like a little logic to set things atraight...

I think that the notion that conservatives would have the same impact some time in the future would be a disaster.

Even if the GOP is in it's death throes, no one knows what kind of crazed fools would replace it, and perhaps actually gain power. The thought of another Reagan or bush should can this immediately.

Always look to the long term, it's too easy to go for the short term and suffer later...think Patriot Act.

[Skink]

9. I'd give Obama 6 more choices anyday.

[LiberalFighter]

13. Adding 6 more immediately will never happen.

Adding 2 every 8 years until the 15 was reached might happen. That would take about 20-24 years to complete the process.

[LeftishBrit]

14. Didn't FDR try to do something similar and it was one issue where he got nowhere?

[Thothmes]

15. Where in the Constitution of the United States

is a requirement for the Supreme Court of the United States to "Look like America"

[Perky]

16. It obviously doesn;t

But is it not implied by the nature of the Republic? And I dunne E Pluribus Unum, etc.

[usregimechange]

17. Nope just need 1 black, 1 Latino and 4-5 women.

Or it would be nice if it were naturally like that.

[davidpdx]

19. I agree with the need for more diversity on the court

but not increasing the size to pack the court like FDR wanted to. As someone else pointed out, in theory, it would take much longer then Obama would have even if he were reelected. How many of the "new" justices Obama would get to appoint would be depend on how fast the whole thing moved along. In a way, it's almost like a type of court gerrymandering.