Coale Mind

Randomized SCOTUS Terms: A Cure for Dull Confirmation Proceedings?

March 23, 2022 David Coale Season 2 Episode 16
Randomized SCOTUS Terms: A Cure for Dull Confirmation Proceedings?
Coale Mind
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Coale Mind
Randomized SCOTUS Terms: A Cure for Dull Confirmation Proceedings?
Mar 23, 2022 Season 2 Episode 16
David Coale

Our selection of Supreme Court Justices today is based on a wager, that can come out one of two ways. 

If an elderly Justice guesses correctly about his or her health, a boring confirmation process to replace that Justice with someone ideologically similar. We are seeing that today with the fulsome, if entirely predictable, confirmation hearings for Judge Katanji Brown Jackson. 

If the Justice guesses incorrectly, the opposing political party races to confirm an ideologically different successor. We saw that recently with the death of Justice Ruth Bader Ginsburg and the race to replace her with now-Justice Amy Coney Barrett. 

Boredom or ghoulishness. Is this really the best we can do? This episode considers, tongue-in-cheek, whether adding some purely random elements to the selection process could revitalize public interest in it. The specific "suggestions" are likely not feasible, but hopefully they can stimulate some creative thinking to break free from the current wager and its, inflexible, two outcomes. 

Show Notes

Our selection of Supreme Court Justices today is based on a wager, that can come out one of two ways. 

If an elderly Justice guesses correctly about his or her health, a boring confirmation process to replace that Justice with someone ideologically similar. We are seeing that today with the fulsome, if entirely predictable, confirmation hearings for Judge Katanji Brown Jackson. 

If the Justice guesses incorrectly, the opposing political party races to confirm an ideologically different successor. We saw that recently with the death of Justice Ruth Bader Ginsburg and the race to replace her with now-Justice Amy Coney Barrett. 

Boredom or ghoulishness. Is this really the best we can do? This episode considers, tongue-in-cheek, whether adding some purely random elements to the selection process could revitalize public interest in it. The specific "suggestions" are likely not feasible, but hopefully they can stimulate some creative thinking to break free from the current wager and its, inflexible, two outcomes.