Document Type
Article
Publication Title
Duke Law Journal
Publication Date
2009
ISSN
1939-9111
Page Number
1439
Keywords
justices, Supreme Court, decision-making, panels, groups
Disciplines
Judges | Law | Supreme Court of the United States
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 decision making, and retaining an en banc procedure for select cases. In so doing, 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 decision making capacity but also improve the Court's composition, competence, and functioning.
Recommended Citation
Chris Guthrie and Tracey E. George,
Remaking the United States Supreme Court in the Courts' of Appeals Image, 58 Duke Law Journal. 1439
(2009)
Available at: https://scholarship.law.vanderbilt.edu/faculty-publications/702