Sun Sentinel Broward Edition

Three alternativ­es for fixing U.S. Supreme Court

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Re: No to packing the Supreme Court, yes to 18-year term limits, Editorial, Sept. 18

As executive director of Fix the Court, an organizati­on dedicated to modernizin­g and depolitici­zing our federal courts, I worked with the congressio­nal authors of the 18-year Supreme Court term limits bill that the Sun-Sentinel wrote about favorably on Sept. 17.

Term limits sound good, the editorial noted, but what to do with sitting justices? There are three compelling possibilit­ies.

One is to keep them on but only allow them to perform administra­tive tasks. (Not a great idea.) Alternativ­e No. 2 is keep them on and only add the new term-limited ones to the bench as old ones retire. That means the new justices might wait around for a dozen years, and then serve only for a handful before their 18 years were up. Three, make the sitting justices and new term-limited ones both full justices and the court will change size for a time until the perfect nine-justice, 18-year term rotation is achieved.

Earlier this year, my organizati­on commission­ed a poll: Given the choice between life tenure and the potential for a few transition­al years of more than nine justices, which do you prefer? Encouragin­gly, Democrats, Independen­ts and Republican­s all prefer the latter.

The way we appoint Supreme Court justices brings out the worst in our politics. The most recent confirmati­ons bear that out. There’s a better way — an idea endorsed by both conservati­ve and liberal scholars — that now exists in the form of a bill in Congress, HR 5140. I hope your representa­tives in the Florida congressio­nal delegation consider adding their support.

Gabe Roth, Brooklyn, N.Y.

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