The current hyperpoliticization of the Court grows out of a feedback loop between politicized appointments and politicized decision-making. This Article suggests a change in the internal procedures by which the Court hears and decides particular cases. A three-Justice panel hears and decides each case. Appeal to an en banc sitting of the entire Court would require a unanimous vote of all non-recused Justices. This Article explores several possible approaches in selecting the three-Justice panel. This Article proposes that applying a fair division scheme to the Court’s decision-making process might act to reverse this loop and work to depoliticize the Court over time.
Ian Bartrum, Kathryn Nyman, and Peter Otto
Justice As Fair Division,
45 Pepp. L. Rev.
Available at: https://digitalcommons.pepperdine.edu/plr/vol45/iss3/4