Document Type

Article

Publication Title

Duke Law Journal

Publication Date

2009

Page Number

1439

Keywords

US Supreme Court, reorganization, justices, decision-making, panels, groups

Disciplines

Jurisdiction | Jurisprudence | 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.

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