Original StatusAAB-13-001: 2022In the Amending CongressAugust 30, 2022Mark ShubertSupreme ReformPreamble:
Whereas the current Supreme Court of the United States requires reform in order to make that institution effective and representative of the people,Whereas the Constitution is established by "We the People" and so their direct representation in each branch of government is necessary,
And whereas the President and Senate have abused the Judicial branch by politicizing or postponing Judicial functions by refusing to replace Justices on a timely manner in order to wait for political opportunities.Therefore:
Section 1: Increase number of justices to 13 while only requiring nine justices to hear a case. If only 9 justices per case participate then this will increase the number of cases heard by 40% as the combination of nine justices increases. Cases can be heard by courts of 9, 11, or 13 justices, the justices decide how many will hear a case based on availability and interest. If only 9 wish to hear a case then they can and the other 4 do not have to. If the four do not hear the case then they cannot participate in the decision of the court. If ten wish to hear a case they will either have to convince one of the other three to hear the case or one will have to recuse themselves.Section 2: Increase number of circuit courts to 13.Current
Section 3: Have each circuit court, either from the state legislatures or the people, elect supreme court justices instead of the president and the senate is not needed to approve or deny them. At the start of this change, justices will be elected by the state legislatures of all of the states in the respective circuit. The state legislatures of each circuit can change this electoral process with unanimity to a general election within the circuit court.
Each state in the circuit can nominate justices and this process should be determined by the states in the circuit. For example, states can nominate the same number of justices or by population so the more populous states nominate more justices.
The campaigns of the justices nominated will be entirely funded by the state that nominates them and no donations from people or businesses are allowed to go to the candidate; the state legislature will run the campaign and each of the circuit court nominees will receive equal funds agreed upon by all the states in the circuit.
Each circuit will send two people, a justice and a replacement (vice justice), the vice justice will not be able to act as judge until the justice resigns or expires.
The justices and replacements sent must be Esquires and have served in any kind of court as a judge not just as a lawyer.
Tenure for each justice and their replacement is 13 years on good behavior, once a circuit court elects a justice they cannot be recalled. Only an impeachment by the House and trial held by the Senate can remove justices if convicted. Minimum age for Justices is 45 and the oldest age for someone to become a justice is whatever the minimum age of federally recognized retirement is (currently 62).
Term limit of just one term, after serving they will be allowed a seat on their respective circuit courts for life on good behavior so they do not have to worry about finding work after their term on the supreme court.
One circuit court will be up for nominating a justice every year.
Section 4: Rename the Supreme Court to the Constitutional Court or the Federal Court or the National Court of Appeals or another suggestion that is agreed upon by Congress.Section 5: Removing the President and Senate from adding new justices will help depoliticize the position and also the two other branches will not be distracted from the process of choosing new justices which often takes a long time and effort away from their other duties.