I am excited to announce that I have shared a near-final version of my article, Bilateral Judicial Reform, on SSRN. This article will soon be published in the Texas A&M Journal of Law & Civil Governance.
Below is the abstract of the article:
Most discussions surrounding judicial reform tend to be unproductive and predictable. Progressives advocate for reforms that hinder conservative success in court, while conservatives resist reforms that may impede their success. It is clear that unilateral reforms will not be effective in reshaping the federal courts. Instead, any meaningful federal judicial reform must involve a bilateral approach. This article presents ten neutral proposals that would equally impact both the right and the left. The first part introduces reforms related to the Supreme Court Justices.
- Proposal #1: Require Justices to preside over federal courts of appeals sitting en banc.
- Proposal #2: Establish statutory limits on outside income earned through book royalties and similar business activities.
The second part introduces reforms regarding the Supreme Court’s docket.
- Proposal #3: Mandate that the Supreme Court remains in session year-round, with regular oral argument sittings and conferences.
- Proposal #4: Implement a standard timeline for reviewing petitions and applications across different dockets.
- Proposal #5: Require oral arguments for cases falling within the Court’s mandatory jurisdiction.
The third part introduces reforms related to litigation in the lower courts.
- Proposal #6: Allow single district court judges to decide cases seeking temporary restraining orders, with limitations on relief duration.
- Proposal #7: Refer cases seeking preliminary injunctions against the government to an en banc court for review by a randomly selected three-judge panel.
- Proposal #8: Automatically stay injunctions against federal and state governments, with cases appealed to the Supreme Court’s mandatory jurisdiction in certain circumstances.
- Proposal #9: Permit en banc circuit courts and state courts of last resort to submit cases to the Supreme Court’s mandatory jurisdiction under specific conditions.
- Proposal #10: Introduce a mechanism for addressing aged judges on en banc courts.
While most of these reforms would necessitate legislative changes, some could be implemented through court rules. I remain neutral on the source of reform, as self-regulation by the courts is preferable. While some proposals may seem unconventional and could raise concerns about judicial independence and the separation of powers, I believe they are worth considering. My intention is to spark discussions and potentially develop concrete proposals through innovative thinking.
With the recent election settled, perhaps these ideas can now gain momentum.
