IMHO, the lower court judicial appointments ought to be for a specific term like 10, 15 or 20 years. If a lower court judge (or body of judges) has a case over-ruled by a superior court, the terms of over-ruled judges should be reduced by 3 years -- this could be appealed to Congress where a majority vote of both houses (or perhaps just the Senate?) would have to agree to overturn a loss of tenure. The decision of the courts would stand...
For example, if a lower level federal judge makes a ruling that is appealed to the 9th Circuit that affirms that ruling, it's appealed and lost in appeals, and finally finds it's way all the way to the Supreme Court, and the Supreme Court overturns these rulings, all of those Justices whose rulings were overturned would have their terms cut by 3 years.
Give the Justices some skin in the term / judicial activism game and judicial activism would quickly moderate itself. The Constitution is set up with a system of checks and balances. It's time the Court system had some checks and balances of it's own against judicial activism.
As I understand the Constitution, Congress has management oversight of the lower Courts. They could (and should) pass a law establishing such a system of judicial checks and balances.
IMHO, the lower court judicial appointments ought to be for a specific term like 10, 15 or 20 years. If a lower court judge (or body of judges) has a case over-ruled by a superior court, the terms of over-ruled judges should be reduced by 3 years -- this could be appealed to Congress where a majority vote of both houses (or perhaps just the Senate?) would have to agree to overturn a loss of tenure. The decision of the courts would stand...
ReplyDeleteFor example, if a lower level federal judge makes a ruling that is appealed to the 9th Circuit that affirms that ruling, it's appealed and lost in appeals, and finally finds it's way all the way to the Supreme Court, and the Supreme Court overturns these rulings, all of those Justices whose rulings were overturned would have their terms cut by 3 years.
Give the Justices some skin in the term / judicial activism game and judicial activism would quickly moderate itself. The Constitution is set up with a system of checks and balances. It's time the Court system had some checks and balances of it's own against judicial activism.
As I understand the Constitution, Congress has management oversight of the lower Courts. They could (and should) pass a law establishing such a system of judicial checks and balances.