As President Trump mulls over possible candidates to fill the seat on the Supreme Court left vacant by the death of Associate Justice Antonin Scalia, a constitutional law scholar argues that it’s better for the justice system to keep the count at eight.
“A permanent, evenly-divided Court will work harder to reach narrower decisions in its hardest cases, and will be less able to impose its ideological agendas on the American people while at the same still have the tools necessary to maintain the supremacy and uniformity of federal law,” writes Eric J. Segall, the Kathy and Lawrence Ashe Professor of Law at Georgia State University’s College of Law.
“To the extent the Justices do deadlock on a case, the issues will be resolved by court of appeals judges who are much more politically, educationally, and geographically diverse than the Justices,” he continued.
“Eight Justices are Enough: A Proposal to Improve the United States Supreme Court,” is available from SSRN at https://ssrn.com/abstract=2900555.
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For a biography of Segall, visit http://law.gsu.edu/profile/eric-j-segall/.
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