My latest installment at SCOTUSBlog proposes a number of six-member rules: a super-majority should be able to achieve certain substantive ends. Here is a summary:
With the Deep-6, six members of the court could vote to deny a petition immediately and end all further deliberations.
With the Skip-6, if, after briefing, it becomes clear to six justices that the case is easy to resolve, oral arguments can be skipped.
With the Refer-6, six justices, at any point, can vote to refer any pending matter to the full court.
With the Release-6, for any matter, six justices can force the release of a judgment immediately.
With the Stop-6, if any six members of the bench agree, the chief justice could terminate an individual justice’s seriatim round.
I will have one more installment in my series on Supreme Court reform next week. Then, a new series will begin on the evolution of a constitutional law casebook.
