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OpEdNews Op Eds    H3'ed 2/17/16

The "Courtpocalypse" and How to Delay It

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The Supreme Court is soon to be re-made in a big way, almost certainly altering the "liberal/conservative" balance. Scalia's death puts that re-making front and center in the presidential race.


In a normal election year, presidential primary candidates talk to their parties' "bases" about appointing hardcore conservative or liberal justices. Then during the general campaign they move toward the center, avoid ideology, and claim their only concern is finding "qualified" justices. Scalia's death and McConnell's declaration of war on the confirmation process have the effect of keeping everyone in their initial corners for the long haul. If you worry about polarization in American politics, welcome to the "Courtpocalypse".


But let me suggest a grand bargain to defuse the situation. Congress has changed the size of the Supreme Court before. Why not pass legislation reducing the number of justices to seven, contingent upon Ginsburg agreeing to retire? That would preserve the balance and put the whole question off. For a little while, anyway.



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Thomas L. Knapp is director and senior news analyst at the William Lloyd Garrison Center for Libertarian Advocacy Journalism (thegarrisoncenter.org). He lives and works in north central Florida.


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