I've been advocating the repeal of the 17th Amendment for a long time -- the direct election of Senators has weakened States and Congress, and strengthened the Presidency and the Supreme Court. Glenn Reynold's tongue-in-cheek (?) proposal to expand SCOTUS to 59 justices sounds like a promising way to re-empower the States and (continue to) bypass the dysfunctional Congress.

OK, 1,001 justices might be too many, but perhaps we should substantially expand the Supreme Court. After all, if the country can be thrown into a swivet by the retirement of a single 81-year-old man, it suggests that the Supreme Court has become too important, and too sensitive to small changes, to play its role constructively as it's currently made up.

Increasing the number of justices would reduce the importance of any single retirement or appointment. And it would also reduce the mystique of the court, which I see as a feature, not a bug. Nine justices could seem like a special priesthood; two or three times that number looks more like a legislature, and those get less respect. Which would be fair. ...

So forget 15 justices. Let's keep the nine we have who are appointed by the president, and add one from each state, to be appointed by governors, and then confirmed by the Senate. Fifty-nine justices is enough to ensure (I hope) that they aren't all from Harvard and Yale as is the case now, and enough to limit the mystique of any particular justice. If the Supreme Court is going to function, as it does, like a super-legislature, it might as well be legislature-sized.

I love this idea, and it doesn't require a Constitutional amendment.

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