Why unwritten constitutional conventions, enforced through partisan gridlock, limit the options for SCOTUS reform that will be laid out by Biden’s SCOTUS commission. @danepps and @espinsegall have fascinating ideas, but they’re practically non-starters. https://prawfsblawg.blogs.com/prawfsblawg/2021/04/tomorrow-evening-at-8-pm-eastern-time-i-am-joining-four-other-profs-nelson-mahboubi-eric-segall-marin-levy-and-tom-ginsb.html#comments
The interesting point to my mind is that those partisan constraints on radical change are precisely what enforce constitutional conventions. Basically, Dems and GOP both hate building institution as from scratch, from fear of the unpredictability of starting anew.
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