38 Pages Posted: 8 Apr 2009
Date Written: April 7, 2009
We argue that Congress should remake the United States Supreme Court in the U.S. courts' of appeals image by increasing the size of the Court's membership, authorizing panel decisionmaking, and retaining an en banc procedure for select cases. In doing so, Congress would expand the Court's capacity to decide cases, facilitating enhanced clarity and consistency in the law as well as heightened monitoring of lower courts and the other branches. Remaking the Court in this way would not only expand the Court's decisionmaking capacity but also improve the Court's composition, competence, and functioning.
Keywords: Justices, Supreme Court, Decision-making, Panels, Groups
Suggested Citation: Suggested Citation
Guthrie, Chris and George, Tracey E., Remaking the United States Supreme Court in the Courts' of Appeals Image (April 7, 2009). Vanderbilt Law and Economics Research Paper No. 09-11; Vanderbilt Public Law Research Paper No. 09-10. Available at SSRN: https://ssrn.com/abstract=1374449 or http://dx.doi.org/10.2139/ssrn.1374449