So. We've got a little problem here. SCOTUS will be at least 5-4 in 2008, and possibly 6-3. This assumes that Bush lasts until 2008 (we're certainly hoping not). And the assumption that the problem is
little, is grounded in the thought that we have taken the House and Senate back by 2008, if not 2006. If we don't take the Presidency back by 2008 at the latest,
all of the left-wing SCOTUS appointments will be up for grabs due to the old age of the Justices, and it'll probably be time to seriously consider leaving the country anyway.
The question is: can we put the Supreme Court back into respectability; and do so relatively quickly? You know - thoughtful, unpoliticized jurists, an agenda that somewhat involves the good of our citizens, impartiality... all that. The answer is, manifestly, yes. Flip me off...
The history of the Supreme Court, contrary to what most believe, has been as tumultuous as the history of our country. It's really only settled down since FDR - and even
he took an end run at it. These nine jurists who hold such great power... oh. Did I say nine? Well, not really.
And that is the answer.
There is no Constitutional requirement that SCOTUS be composed of nine Justices - actually, Congress has the power to determine the number of Justices. In fact, in the past 216 years, the number of sitting Justices has varied from the original six, through every number possible up to ten - in 1863. The Circuit Judges Act of 1869 (http://tinyurl.com/7rnne) finally set the number at nine - but this was an act of Congress, and is neither Constitutional law nor irrevocable. FDR took a shot at massaging it, but the Congress of the day wouldn't go along. Possibly a good thing, back then - but today?
So my proposed solution to what ails us becomes obvious:
Repeal the Circuit Judges Act of 1869.
Bump the number of SC Judges to eleven by an act of Congress (simple majority required).
Establish a bi-partisan committee to scour the country for folks who are actually qualified to serve on SCOTUS (I'd imagine Harriet Miers could serve coffee at these meetings...). I'm sure President Gore would do this in a fair, impartial manner.
Firmly offer a generous early retirement plan to the now-irrelevant Roberts and Meirs and/or any other political hack who's paid Bush's ego off big enough to get put on SCOTUS.
Rebuild respect for the Court. And maybe bump it back down to nine - eleven's a bit too many for a couple of pizzas.
And you know what? Fuck those neocon pieces of shit - or whatever's left of them after their treason/perjury/obstruction/corruption trials, and the 2006-2008 elections. It ain't the sort of thing they'd shy away from doing to us.
A shitstorm of secular justice on all their heads.
JF