SCOTUS needs to be reformed, along with the entire federal judiciary system. The Article III branch is ill-defined by the Constitution, it is wholly a creature of the other two branches. As such, reform is possible without a nearly impossible constitutional amendment. No one knows what Biden’s “Presidential Commission on SCOTUS” will propose if anything, but it is doubtful that any reform will get through Congress. The not-so-simple solution would be to expand the court, filibuster notwithstanding.
Thirteen justices might be acceptable to the general public if “sold” correctly: A traditional jury of twelve plus one to break ties. NO MORE 5 TO 4 TOSSUPS!
I, too, think the Framers made a mistake in designing the Judicial Branch. They gave too much deference to an honorable president and a principled Congress. They never anticipated a permanent duopoly – but that’s another story.
To depoliticize the federal courts objectively, a constitutional amendment is required. Let’s keep it simple:
1. SCOTUS nominees require a 2/3 majority for confirmation.
2. Appellate nominees require a 3/5 majority.
3. District nominees require a simple majority.
More moderate, less partisan judges would have the best chance for super-majority confirmation by the Senate. Every American should demand a federal court system deserving of respect. What are the chances for that?