Ross: It’s time to start a Supreme Court draft
Here we are again. A Supreme Court nominee is promising to be objective.
“A good judge must be an umpire, who favors no litigant or policy,” Brett Kavanaugh said Tuesday at his confirmation hearing.
But just like the hitters come to know the umpires, Supreme Court judges serve for so long that over time the lawyers learn to play to their prejudices.
I say – let’s shake it up. I say we stop having presidents pick Supreme Court justices.
I say we have a draft.
There are currently 179 judges authorized by Congress to serve on the various federal appeals courts – which is where Supreme Court nominees typically come from. All have been confirmed by the Senate. All serve for life.
So suppose – each year – we hold a drawing in the court chamber.
You scramble ping pong balls numbered 1 though 179, one for each appeals court judge. The Chief Justice draws nine numbers, and those nine judges would make up the nation’s highest court for that year. And they choose a new Chief Justice from among themselves.
We draft a fresh Supreme Court each year.
No more theatrics at Senate hearings. And never again would a few personalities dominate decisions for a generation. The focus would be on the Constitution.
But Dave you say – that would be no fun! To which I say — exactly right.