The Supreme Court has a very light backlog. They leave a lot of splits among the circuits, a lot of uncertainty. And I think they ought to work a lot harder.
Sentiment: NEGATIVE
The reason to split a court is for administrative purposes, and in the past there has been much debate about the liberal decisions of the Ninth Circuit and so forth; and people have wanted to get out of the Ninth Circuit for that reason.
The transformation of the D.C. Circuit has been replicated in federal courts around the country. Obama has had two hundred and eighty judges confirmed, which represents about a third of the federal judiciary.
I've long favored smart judicial-selection reform - every member of my court does - and every legislative session, reform measures are filed... and then they fail.
I think there needs to be a range of justices, of all types. You can't just pick one type.
The reversal of a Supreme Court opinion is possible.
I try to do two moot courts for every Supreme Court case (and one to two for courts of appeals), and to ensure I am being mooted by people who know the Supreme Court well and are coming to the case fresh.
I think I present an overwhelming case that these five justices were up to no good, and they deliberately set out to hand the election to George Bush.
But the Supreme Court does not make sweeping changes in constitutional law by accident, or by its own design. Rather, the Court is limited to deciding the cases that the parties ask the Court to decide.
The court makes an amazing amount of decisions that ought to be made by the people.
It's hard not to have a big year at the Supreme Court.