President Biden can display bipartisanship by adopting an ambitious proposal from Federalist Society co-founder Steven Calabresi of replacing sitting justices to establish 18-year Supreme Court terms. As modified below, the concept continues the tradition of 9 justices on the court while the transition provides Biden with four new appointments in 2021- 2022. Super majorities could be required for the confirmation of justices thereafter.
The Partisan Roberts Court: Fringe Rulings Imposed on a Mainstream Nation
With only a bare Senate majority needed for confirmation, the U.S. Court has proven vulnerable to appointment by Republican Presidents of partisan judges holding fringe opinions outside the American mainstream. Under Chief Justice John Roberts since 2005, it has become the first partisan court in U.S. history; it also features 4 of the 5 most conservative justices since 1937. Trump appointees Gorsuch, Kavanaugh and Barrett are cut from the same cloth.
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