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Savage: Why activists may not be in a hurry to have High Court rule on alternative marriage Rachel Koning Beals: Gen X Women Continue to Shrink Gender Investing Gap The Kosher Gourmet by Faith Durand: Who Says You Can't Make Restaurant Favorites at Home?: MANGO AND STICKY RICE February 9, 2012 Jeff Strickler: An argument a day keeps the divorce away, they say Clifford D. May: CAIR's Crusade against The Third Jihad Melissa Healy: Study finds jolt to the brain boosts memory Laura McMullen: 10 Least Expensive Public Schools for Out-of-State Students Kimberly Palmer: How to actually enjoy -- relaxing, financially -- your vacation Emily Brandon: 10 Necessities for a Great Retirement Spot The Kosher Gourmet by Diane Rossen Worthington: Winter Squash and Red Swiss Chard Risotto is Colorful Cozy Cold Weather Fare (includes detailed dos and don'ts) February 8, 2012 Rivy Poupko Kletenik: Tree hostility: The auspicious history of the evolution of Tu B'Shevat Steven Emerson: Planting Trees is Racist?! Warren Richey: Why momentous Prop. 8 ruling might not satisfy gay-rights groups Anne Applebaum: Russia's Potemkin democracy Menachem Wecker: Though Controversial, LL.M.'s Can Lead to Specialized Legal Jobs Emily Brandon: 10 Necessities for a Great Retirement Spot The Kosher Gourmet byDana Velden: Going to the bother of making soup? You know it better be good. This CREAM OF TOMATO SOUP certainly is! And it's a cinch to make, too (Includes techinques and serving secrets) February 7, 2012 Kathleen Hennessey and Christi Parsons: Obama not worried that birth-control move will hurt his re-election chances with Catholics, other faithful Caroline B. Glick: Obama's rhetorical storm Frank J. Gaffney, Jr.: Caught off-guard? President's Super Bowl interview with Matt Lauer gives those who need a reason not to vote for him, a darn good one Suzanne Bohan: Leaping lizards! Tiny reptiles advancing robot design David Francis: How to Avoid an IRS Audit The Kosher Gourmet by Emma Christensen: These homemade energy bars (3 recipes) are far better workout fuel than commercial ones, packing power and taste February 6, 2012 Scott Peterson: Iran's top ayatollah: We're trumping the West Jonathan Tobin: Iran Threatens Israel With Destruction, But the New York Times Doesn't Hear It Jeffrey Fleishman: In newly democratic Egypt, tens of democracy activists jailed, to stand trial; their groups are 'threatening the stability of the homeland' Julie Deardorff : Researchers say antioxidants may not be that effective and could do more harm than good Philip Moeller: Where Smart Investors Put Their Money Mark Clayton: How did Anonymous hackers eavesdrop on FBI and Scotland Yard? The Kosher Gourmet by Joseph Erdos: Vegetable Frittata --- leftovers never tasted so scrumptious February 3, 2012 Rabbi Dr. Warren Goldstein: Living with ideals --- in reality Caroline B. Glick: Fool me twice Jonathan Tobin : Adelsonphobia Strikes in Nevada Caucus Edmund Sanders : Israeli official says Iran is creating missile that could reach East Coast of US Kimberly Palmer : 8 Ways to Get Ready for Retirement Now Victoria Kim: Immigrant-smuggling ring used black drivers to avoid racial profiling The Kosher Gourmet by Faith Durand: A quick cookie recipe: Hazelnut and Olive Oil Shortbread: Sweet, Nutty, and Savory February 2, 2012 Rabbi Yaakov Rosenblatt : Welcome Home, Governor Perry Jim Carney: Wrong number call may have saved her life Reza Kahlili : Ex-CIA spy in Iran's Revolutionary Guard: What Obama doesn't grasp about striking deals with Tehran Kelsey Sheehy : 5 Tips for Choosing an M.B.A. Concentration Rachel Koning Beals : Investors Increasingly Tap Social Media for Stock Tips Tina Susman: For woodchuck rescuer, every day is Groundhog Day The Kosher Gourmet by Leela Cyd Ross : Savory vegetable pie is a taste of European bistro with minimal effort and maximal flavor February 1, 2012 Nara Schoenberg: What to do when you've been dissed Michelle Malkin: First, They Came for the Catholics Brian Bennett: US officials see increasing threat of domestic attack from Iran Lisa M. Krieger: Possible breakthrough in preventing Alzheimer's Emily Brandon: How to Take Advantage of New 401(k) Fee Disclosures Susan Johnston: 5 Apps for Organizing Your Expenses at Tax Time The Kosher Gourmet by Mario Batali: The famed chef's Broccoli and White Bean Soup can easily be a lunch in itself, or a nice antipasto --- and is hard to mess up January 31, 2012 Paul Greenberg: Separation of Church and State works two ways Caroline B. Glick: Hamas and the Washington establishment Frank J. 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May: How terrorists lose their stigma Suzanne Bohan: Vanquishing social anxieties without drugs Lisa Fernandez and Sean Webby: In alternative lifestyle, domestic violence means men as victims and women being abusers Danielle Kurtzleben: The 10 Best Cities for Finding a Job The Kosher Gourmet by Diane Rossen Worthington: Three bean soup with gremolata January 18, 2012 Edward I. Koch: Why the Crocodile Tears, Hillary? David G. Savage: Supreme Court to Principals: You have been warned George Friedman of Stratfor: Iran, the U.S. and the Strait of Hormuz Crisis Jason Koebler: 'Holy Grail' of Flu Vaccines by Next Year Alex M. Parker: The Off-the-Radar Congressional Targets of 2012 The Kosher Gourmet by Susan Russo: Got soft apples? Make Apple-Maple Walnut Breakfast Quinoa January 17, 2012 Frank J. Gaffney Jr.: No-kidding red lines: U.S. response to an Iranian nuke may be bluster, but Israel's won't be David G. 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Jewish World Review July 20, 2005 / 13 Tammuz, 5765 To Improve the Supreme Court, Let's Expand It By Jonathan Turley http://www.JewishWorldReview.com | For the past four weeks, Senators and commentators have often used the most apocalyptic terms to describe the potential nomination of a rigid conservative to succeed Associate Justice Sandra Day O'Connor, the Supreme Court's perennial swing voter. While many have called on the appointment of an O'Connor clone, there has been no discussion of the danger of a court that invests such power in so few jurists. As we prepare for another bloodletting over the nomination of a new justice, Members, particularly in the House, should pause to consider whether it is time to consider long-overdue reforms of the court. Specifically, we should consider adding not one but 10 new justices to the court. While the public views the court as an inviolate and revered institution, various academics have called for a range of reforms, from term limits for justices to limitations on their jurisdiction. Years ago, I suggested expanding the current number of Supreme Court justices to 19 members. This proposal was based on the view that our court is demonstrably and dysfunctionally too small. The proposal to expand the court often prompts easy analogies to the court-packing scheme of President Franklin Delano Roosevelt in retaliation for the thwarting of his New Deal programs. Yet, it is possible that Roosevelt had the right idea for the wrong reason. The current number of justices was arrived at not by some profound design but was a virtually arbitrary number that reflected the earlier number of federal circuits — a number that has since expanded by 50 percent. Today's court actually bears little resemblance in its size or powers to the original court created by the Framers. Indeed, when the United States Supreme Court first convened in 1790 in New York at the Royal Exchange Building, only two of six justices were present and it had no cases on its docket. The early court was smaller and its members actively "rode circuits" to hear appeals and even sit on some trials. The current court shows the problems with a small Supreme Court. With justices living longer, the court is prone to stagnation, and presidents often face "feast or famine" periods on nominations. Many presidents have had none, while others, such as President William Howard Taft, have had four. President Bush easily could have three or more. The result is that the court often has remained unchanged as society has changed. Roosevelt inherited the Hughes court, a court composed of elderly, Republican appointees disinclined to support New Deal reforms. (Hughes himself had previously left the court to run for president as a Republican.) Bush could now ultimately create a similar court filled with ultra-conservative baby-boomers who could remain to the right of society for decades to come. Unfortunately, this is a concern that tends to motivate only the party in the minority. I should point out that I first suggested the expansion of the court when we had a Democratic president and Senate. We now have the opposite. Yet, we continue to go through these convulsions on nominations due to the unwise investment of great power in so few individuals. The expansion of the court is not as radical an idea as it may seem. From the time of its establishment, the size of the Supreme Court was largely dictated by the number of lower courts. As new states were added to the Union and the population grew, new trial courts and circuit courts were created — and new justices added. For example, when a 10th circuit was added in 1863, a 10th justice was added at the same time. When the circuits were reduced in 1866, the number of justices was reduced. Ultimately, the creation of the current nine-number court in 1869 was part of a Congressional decision to create parity with the number of circuits. While O'Connor's career is being celebrated in the aftermath of her resignation, she actually personifies the inherent flaws in the current court. The Supreme Court's past decade has been shaped largely by its ubiquitous 5-4 votes and wild swings of doctrine. As a result, the most important questions have been effectively left to a court of one: O'Connor (and to a lesser extent, Associate Justice Anthony Kennedy). This stagnant division is due to the slow rate of turnover on the court. The current court is close to a record length of time without a change in membership. It has been more than 11 years since Justice Stephen Breyer was added to the court - the longest such period since 1823. This relative stagnation is likely to continue with the increase in the lifespan of all Americans. The benefits of expanding the court to 19 members are multifold. Consider just a few: Expansion would reduce the likelihood of a single swing voter: The Court of One problem. While splits on larger appellate circuits do occur, it is less common for a single justice to be a swing vote on many issues. Expansion would reduce the relative weight of individual justices and increase the likelihood of diversity in views on given subjects. Expansion would reduce drafting time and likely increase the number of cases being heard. Expansion could allow for justices to return to hearing cases. One or two justices each year would have to apply some of the doctrines that they pass down and, in doing so, deal with the inconsistencies produced by their decisions. Expansion would bring administrative advantages. A 19-member court would be slightly larger than the number of federal circuits, ending the practice of assigning some justices to more than one circuit, which creates an uncomfortable concentration of authority in individual justices. Most importantly, the expansion would guarantee a steadier turnover of members, bringing new faces and views to the court. Each president can be expected to have at least one appointment, reflecting the contemporary political values that led to their election. Of course, it would be improper for one president to appoint all 10 new members. Accordingly, the proposal allows for a phased expansion that adds the seats over a long period. The slavish adherence to a nine-member court shows the triumph of tradition as a self-perpetuating value. It is time to test the current model on its own merits, not on its familiarity. The number of Supreme Court justices, like the number of Members of Congress, should be a natural subject for occasional revision. It is time to allow logic, not tradition, to take its natural course. Every weekday JewishWorldReview.com publishes what many in in the media and Washington consider "must-reading". Sign up for the daily JWR update. It's free. Just click here. JWR contributor Jonathan Turley is a law professor at George Washington University. Click here to visit his website. Comment by clicking here. ARCHIVES © 2005, Jonathan Turley

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