Does SCOTUS Need Major Change Akin to Changes Proposed for Various State Courts?
Does the emperor lack clothes? Does SCOTUS need major change, with some of the changes much like change proposed for state courts (e.g. merit selection)? Those are some of the assertions of a Supreme Court scholar (Edward Chemerinsky) in his new book, The Case Against the Supreme Court. The book is timely issued just before SCOTUS returns to hearing oral arguments. A September 28, 2014 article at the Washington Post provides a brief summary of some of the book’s points. There also is a September 24, 2014 review from the Wall Street Journal.
In related news, a new analysis by Tony Mauro at AmLaw shows that practicing before SCOTUS increasingly is an opportunity concentrated in the hands of a few law firms. GC’s, it appears, may fear second-guessing if they fail to hire a marquee name. Perhaps the marquee names are well worth the price.