"For a comparative constitutional law scholar, the most compelling reason for Supreme Court reform is that the U.S. has fallen behind its peer democracies in thinking about how to structure the role of the Supreme Court and its responsibilities in the constitutional order. The U.S. has an old constitution, and the most ancient power of judicial review in the world. It shows. Since the U.S. invented judicial review, other countries have modernized the practice to the point where U.S. system now looks rickety and quaint."
One thing Scheppele suggests is that it's not just the Supreme Court that needs changing, but also the laws the regulate it""probably laws that need to be constitutionally changed.
So, yes, in 2021 there was actually a Presidential commission that took an in depth look at how to make the Supreme Court better. It is extensive, almost 300 pages long.
Here's the intro to the executive summary:
On April 9, 2021, President Joseph R. Biden, Jr. issued Executive Order 14023 establishing this Commission, to consist of "individuals having experience with and knowledge of the Federal judiciary and the Supreme Court of the United States." The Order charged the Commission with producing a report for the President that addresses three sets of questions.
First, the Report should include "[a]n account of the contemporary commentary and debate about the role and operation of the Supreme Court in our constitutional system and about the functioning of the constitutional process by which the President nominates and, by and with the advice and consent of the Senate, appoints Justices to the Supreme Court."
Second, the Report should consider the "historical background of other periods in the Nation's history when the Supreme Court's role and the nominations and advice-and-consent process were subject to critical assessment and prompted proposals for reform."
Third, the Report should provide an analysis of the principal arguments for and against particular proposals to reform the Supreme Court, "including an appraisal of [their] merits and legality," and should be informed by "a broad spectrum of ideas."
(Note: You can view every article as one long page if you sign up as an Advocate Member, or higher).
