July 27, 2007

Here's one way for a New York Times op-ed contributor (in this case Marshall University poli sci professor Jean Edward Smith) to get attention: propose dealing with the loathed Roberts Court by taking a leaf from FDR and packing the court with more justices. Some reactions: California Blog of Appeal, Orin Kerr & Volokh (commenter: "Among a great many other questions, I was hoping he would explain why a series of controversial 6-5 decisions would be clearer or more persuasive than a series of controversial 5-4 decisions. But nope. Oh well."), Anonymous Liberal, Althouse & readers, Brendan Nyhan (it would take sixty votes in the Senate, not fifty, unless the filibuster is also to be done away with). Democratic Strategist likes the idea.