Limiting Supreme Court's Size Is Not Enough

Law360 (March 25, 2019, 12:42 PM EDT) -- Sen. Marco Rubio, R-Fla., recently proposed that the Constitution be amended to permanently limit the size of the U.S. Supreme Court to nine justices.[1] Democratic politicians and nonpartisan groups are already grappling with questions relating to the proper size of the court, its structure, and the procedure for appointing new justices. Any sign that Republican politicians are prepared to join the conversation is welcome.

But Rubio’s specific proposal is inadequate. It does not address any of the well-known problems with the current system — in which vacancies open so rarely and so randomly that any opportunity to fill a seat on the...

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