An independent judiciary is essential to check and balance the executive and legislative branches. The problem here is that the judiciary is NOT independent. It is beholden to the right-wing Federalist Society, the right-wing Republican Party, and right-wing corporate interests. George Washington appointed nine right-wing Federalists to SCOTUS and it’s been right-wing ever since, with the rare exception of the Warren Court and even rarer, good decisions. But electing federal judges would only give us a third political branch of government.

Unfortunately, it would take an impossible Constitutional Amendment to fix the courts:

1) Thirteen Justices. Just as there are 13 Circuits and twelve people in a jury, add one to break ties.

2) Justices require a 2/3 bi-partisan majority Senate confirmation to distance justices from 50/50 politics. All other federal judges require a 3/5 majority vote.

3) The Chief Justice serves an 8-year term, assuring every two-term president a C.J. appointment with 2/3 Senate confirmation.

4) Congress shall define “good behavior,” inclusive of an ethics code and term limits or mandated retirements for all federal bench appointment.

5) Except in cases of judicial review of laws, Congress shall have the power to vacate SCOTUS decisions by 2/3 majority of both Houses.

Any court reform must lead to a truly independent judiciary, and one which truly represents the interests of all Americans, liberals, conservatives and moderates.

What are the chances?