The Future of the Court

O’Brien quotes Justice Harlan explaining to Justice Potter Stewart that the chambers of the justices are “like nine firms, sometimes practicing law against one another.” (O’Brien, p. 132). Justice Powell said, “we function as nine small, independent law firms.”   Id.  Now that you have read this author’s description of how the Court functions and the role of the participants, do you have an opinion as to whether the justices should be appointed for life or whether another appointment timeline or election system should be devised.

In addition to the article provided in the week’s Lesson for your reference, defend your position with at least two reliable references.

The Future of the Court

As we close out this term together and ponder the issues presented in this week’s Forum topic, we take into account what we have learned over the past eight weeks.  How the Court will handle issues that come before it depends on so many factors. We have covered many, but not exhausted them all.

Will the Court rely to a large extent on stare decisis?  Will Chief Justice Roberts lead this current Court in a particular direction?  Will the clerks continue to have an increasing role in determining which cases are selected on cert?

Throughout this term, we have considered whether certain precedent, rules, and procedure were contemplated by the Founders.  Essential to this consideration is the lifetime appointment of federal judges.  While this seems to be something we take for granted when it comes to Supreme Court Justices, in particular, the longevity of people now, as opposed to when the Constitution was written, raises new issues about the impact that each of the nine may have on our justice system and the country.  Regardless, what are the alternatives?  Many local jurisdictions elect judges, and some have retention measures.  Would this system or some hybrid be preferable?
This week we will read a Washington Post article below that describes some suggestions by some of the country’s top legal scholars to end life terms for, but not necessarily elect, our Supreme Court justices.  What do you think about this in the context of the balance of power both in terms of what our Founding Fathers envisioned and how the government functions today.   Consider this article as you join our final discussion on the Forum!

Another article is about a current justice who relatively recently joined the Court.  Consider the impact that Justices Elena Kagan and Sonia Sotomayor may have on the Court and what changes, if any, you anticipate in the rulings that will be handed down in the terms to come.  Additionally, these articles may provide more insight into the appointment process.

Legal Experts Propose Limiting Justices’ Powers, Terms

By Robert Barnes

Washington Post Staff Writer
Monday, February 23, 2009

http://www.washingtonpost.com/wp-dyn/content/article/2009/02/22/AR2009022201863.html
Sotomayor’s rulings trend mainstream

By Alex Leary
Times Staff Writer
Friday, July 10, 2009

http://www.tampabay.com/news/politics/national/article1017560.ece

What We Offer:

  • On-time delivery guarantee
  • PhD-level professionals
  • Automatic plagiarism check
  • 100% money-back guarantee
  • 100% Privacy and Confidentiality
  • High Quality custom-written papers

 

find the cost of your paper

Leo rents an apartment from Donna for 900 per month, both parties signing a lease.

Leo rents an apartment from Donna for 900 per month, both parties signing a lease. After six months, Leo complains about defects, including bugs, inadequate heat, and window leaks. He asks….

He also sued Tropical for 18 months’ rent. Comment.

Loren Andreo leased retail space in his shopping plaza to Tropical Isle Pet Shop for five years at a monthly rent of $2,100. Tropical Isle vacated the premises 18 months….

The statutory period in Indiana is 20 years. Who wins and why?

In 1966, Arketex Ceramic Corp. sold land in rural Indiana to Malcolm Aukerman. The deed described the southern boundary as the section line between sections 11 and 14 of the….