Former Speaker Nancy Pelosi (D-Calif.) said in an interview broadcast on Sunday that Supreme Court justices should have term limits, and left the door open for expansion of the nine-justi…
That’s exactly what the actual policy on ties is. Last decision from the lower court stands, but does not set a precedent.
No matter how many justices you set up on the court, you have to have a policy on ties. But I think with an odd number you do a lot to reduce the frequency of tied decisions.
It seems like 12 would be undesirable because of ties. Perhaps 12 associates plus 1 chief justice, for 13 total?
I’m aware that even with an odd number you can still reach ties when a justice recuses, or when the court is temporarily lacking its full complement.
You could just say a tie kicks it back down to a lower court.
That’s exactly what the actual policy on ties is. Last decision from the lower court stands, but does not set a precedent.
No matter how many justices you set up on the court, you have to have a policy on ties. But I think with an odd number you do a lot to reduce the frequency of tied decisions.