Jeremy Fogel, executive director of the Berkeley Judicial Institute and a former federal judge and a judicial ethics expert, said expanding the court to 15 justices might improve the administration of the high court and cool the rancorous politics around nominating justices.
“It may seem strange and frightening to suggest thinking of a new Constitution at a time of great partisan division,” writes Dean Erwin Chemerinsky. “But that existed in 1787; in many of the states, the Constitution was just barely ratified.”
“I worry that our reverence for the constitution, and the understandable fears of the unknown, cause us to ignore the ways in which our governing document is contributing to the crisis now facing American democracy,” writes Dean Erwin Chemerinsky.
“No Supreme Court reform that has a chance of being adopted anytime soon is likely to make a difference in the court’s composition,” writes Dean Erwin Chemerinsky. “But the presidential election will, and the focus in the months ahead should be on the enormous difference between who Mr. Trump and Kamala Harris would appoint to the court.”