Supreme Court Expansion Act

increasing the number of justices on the Supreme Court to 15, a step necessary to better reflect the nation's population and the increasing complexity of legal issues in modern times

Purpose: This bill proposes increasing the number of justices on the Supreme Court to 15, a step necessary to better reflect the nation's population and the increasing complexity of legal issues in modern times. This expansion aims to ensure that the Supreme Court is better equipped to represent the diverse range of cases and societal issues that are presented to it.

Findings

  • Historical Precedent: The size of the Supreme Court was not fixed at 9 justices until the Judiciary Act of 1869. Prior to this, the number of justices varied, depending on the needs of the nation. Historically, the number of justices was adjusted as the population grew and the Court's workload increased.

  • Population Growth: The U.S. population has grown significantly since the cap was established at 9 justices in 1869. In 1869, the population of the United States was approximately 38 million. Today, the population exceeds 331 million. In 1869 the ratio was 1 Justice for ~4.2 Million people. To have that same ratio today, there would have to be around 80 justices.

  • Need for Expansion: The increase in population, legal complexity, and the number of cases heard by the Court calls for an expansion. A larger Supreme Court would not only make it more representative of the population but also allow the Court to handle its caseload more efficiently.

Increase in Supreme Court Justices

  • Number of Justices: The number of justices on the Supreme Court will be increased to 15 to more adequately represent the growing population and diverse legal needs of the country. This expansion will allow for a broader range of legal expertise, regional representation, and more efficient decision-making.

  • Appointment Process: Justices will continue to be nominated by the President and confirmed by the Senate, as outlined in Article II of the Constitution. The addition of justices will follow the standard process of nomination and confirmation.

  • Justification for 15 Justices: Based on a historical comparison of the Court's size and the U.S. population, we recommend expanding the Court to 15 justices to achieve a better ratio of representation. The number is designed to maintain a balance between practicality and fairness, ensuring a diverse and efficient Court.

Implementation Timeline

  • Effective Date: This expansion will take effect within one year of the bill's passage. The President will be required to nominate the additional justices within six months of the bill becoming law.

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