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Remaking the United States Supreme Court in the Courts' of Appeals Image

38 Pages Posted: 8 Apr 2009  

Chris Guthrie

Vanderbilt University - Law School

Tracey E. George

Vanderbilt University - Law School

Date Written: April 7, 2009

Abstract

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

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

Chris Guthrie (Contact Author)

Vanderbilt University - Law School ( email )

131 21st Avenue South
Nashville, TN 37203-1181
United States
615-322-6823 (Phone)
615-322-6631 (Fax)

Tracey E. George

Vanderbilt University - Law School ( email )

131 21st Avenue South
Nashville, TN 37203-1181
United States

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