Saturday, September 23, 2023

18 year SCOTUS retirements

Jack Balkin is a professor at Yale and a supporter of the regular-appointments plan. Here he elaborates on a way to impose 18-year limits on current justices--He limits the junior-most nine plan to appellate cases, thereby using the exceptions-and-regulations clause as the hook for the limitation. All justices would hear original cases (the few that arise). But because most of the action is on the appellate docket, this achieves what everyone wants--rotation in the Court's core functions.