Building a Balanced Bench: Reforming the Supreme Court to Combat Polarization and Backlog

The following brief provides a comprehensive analysis of various reform options for the Supreme Court, drawing from four distinct areas of focus: expanding the Supreme Court, implementing term limits for justices, expanding resources allocated to lower courts, and reforming the nomination and confirmation process.

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June 3, 2023

Inquiry-driven, this project may reflect personal views, aiming to enrich problem-related discourse.

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Abstract— The following brief provides a comprehensive analysis of various reform options for the Supreme Court, drawing from four distinct areas of focus: expanding the Supreme Court, implementing term limits for justices, expanding resources allocated to lower courts, and reforming the nomination and confirmation process. It evaluates the potential benefits and challenges associated with each reform proposal, taking into account their ramifications and implementation. The brief addresses the need for an active, efficient, and impartial judiciary, accounting for the Supreme Court’s politicization and backlog. By incorporating analysis from these four areas, this policy brief provides a comprehensive understanding of the implications associated with Supreme Court reform.

Acknowledgement

The Institute for Youth in Policy wishes to acknowledge Ahad Khan, Paul Kramer, Gwen Singer, Carlos Bindert, and other contributors for developing and maintaining the 2023 Summer Fellowship program within the Institute.

Citation

MLA: Patel, Pritika. “Building a Balanced Bench: Reforming the Supreme Court to Combat Polarization and Backlog” The Institute For Youth in Policy, 14 Sept. 2022, https://cite.yipinstitute.org/esif21R.

APA: Patel, P. (2022, September 14). Building a Balanced Bench: Reforming the Supreme Court to Combat Polarization and Backlog. The Institute For Youth in Policy. Retrieved [Insert Today's Date] from https://cite.yipinstitute.org/esif21R

Works Cited

[1] Marshall, John, and Supreme Court Of The United States. U.S. Reports: Marbury v. Madison, 5 U.S. 1 Cranch 137. 1803. Periodical. U.S. Reports: Marbury v. Madison, 5 U.S. (1 Cranch) 137 (1803). | Library of Congress.

[2] Congress.gov. "Text - H.R.2584 - 117th Congress (2021-2022): Judiciary Act of 2021." October 19, 2021. Text - H.R.2584 - 117th Congress (2021-2022): Judiciary Act of 2021.

[3] Khanna. H.R.5140 - 117th Congress (2021-2022): Supreme Court Term Limits and Regular Appointments Act of 2021; August 31, 2021. H.R.5140 - 117th Congress (2021-2022): Supreme Court Term Limits and Regular Appointments Act of 2021.

[4] “Decade-Long Study Shows Supreme Court Is Now Further to the Ideological Right than Most Americans.” The Ash Center for Democratic Governance and Innovation, June 6, 2022. Decade-long study shows Supreme Court is now further to the ideological right than most Americans | Ash Center.

[5] Dunn, Amina. “Public’s Views of Supreme Court Turned More Negative before News of Breyer’s Retirement.” Infographic; Pew Research Center - U.S. Politics & Policy, February 2, 2022. Public’s Views of Supreme Court Turned More Negative Before News of Breyer’s Retirement.

[6] “The Judicial Branch.” The White House, July 12, 2022. The Judicial Branch | The White House.

[7] Markey, Edward. S.1141 - 117th Congress (2021-2022): Judiciary Act of 2021, 2021. S.1141 - Judiciary Act of 2021 117th Congress (2021-2022) .

[8] Feldman, Sarah. “Infographic: How Supreme Court Justices Align with Their Appointer.” Statista Infographics, July 11, 2018. Chart: How Supreme Court Justices Align With Their Appointer | Statista.

[9] McCarthy, Justin. “GOP Approval of Supreme Court Surges, Democrats’ Slides.” Gallup.com, May 30, 2023. GOP Approval of Supreme Court Surges, Democrats' Slides

[10] "How High Courts Everywhere But the U.S. Have Limited Judicial Tenure and Allowed Broadcast Access," September 22, 2016. BLUEPRINTS FOR TRANSPARENCY.

[11] Gresko, Jessica, and Emily Swanson. “AP-Norc Poll: 2 in 3 in US Favor Term Limits for Justices.” AP NEWS, July 25, 2022. AP-NORC poll: 2 in 3 in US favor term limits for justices.

[12] Eisen, Norman, and Sasha Matsuki. “Term Limits-a Way to Tackle the Supreme Court’s Crisis of Legitimacy.” Brookings, September 30, 2022. Term limits—a way to tackle the Supreme Court’s crisis of legitimacy.

[13] Buchanan, Maggie Jo, and Stephanie Wylie. “It Is Past Time for Congress To Expand the Lower Courts.” Center for American Progress, July 27, 2021. It Is Past Time for Congress To Expand the Lower Courts - Center for American Progress.

Pritika Patel

Policy Associate - YIP News

As a policy associate for the YIP News Team, Pritika is passionate about various social justice movements and hopes to make a difference through spreading awareness about current events and politics in a nonpartisan manner.

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