YES: Fix the court, but justice should not be random
By Devin Watkins
Calls for “judicial reform” have too often been code for seeking changes to the courts for partisan advantage. This is why “reform” is rarely accomplished. Why would Republicans help tilt the courts in favor of Democrats or the other way around?
As things stand, there’s a stalemate on judicial reform in the Senate, due to that chamber’s filibuster rule requiring a two-thirds’ supermajority vote to end debate on a matter. Unless there is bipartisan support, nothing will happen. But if the filibuster is eliminated, whichever side is in control of Congress and the presidency may simply create new judicial seats to push the courts in their preferred direction. That would be a terrible outcome, expanding the court system for no legitimate reason, merely to install political partisans. That sort of court packing would degrade judicial independence.
Instead of focusing on partisan advantage, legislators should focus on resolving the randomness that plagues the current system. The biggest swings in court leanings occur when a Republican appointee is replaced by a Democratic appointee or vice versa. This occurs when a judge appointed by one party randomly happens to die while the other party holds the White House. The balance of our legal system should not be based by such random chance.