Design quality into judicial processes, get informed when appointing judges, and summarily impeach judges who fail to support the Constitution.
Progressives want to advance their agenda by remaking courts:
- Senator Sheldon Whitehouse sponsored and the current senate’s judiciary committee passed a bill that would create a process to solicit ethics complaints against supreme court justices, and use inferior courts to investigate the complaints.
- Current president Joe Biden and vice president Kamela Harris called for term-limiting justices by only letting them hear appeals for 18 years.
- Senator Ron Wyden introduced a bill that would add 6 justices in 12 years, block justices from using their power to offset congresses unless two thirds of justices agree, require justices to submit to IRS audit and publication of their tax returns, and let litigants motion for recusals and require that justices reply in writing.
- Harris called for Democratic senators to enact such bills by bypassing the 60-vote filibuster cloture rule. (Filibuster cloture is unconstitutional, but Harris wanted to end it in order to then defy the Constitution.)
- Now senators Peter Welch and Joe Manchin have introduced a constitutional amendment to freeze the number of supreme court justices at nine, limit terms to 18 years, and override appointment of chief justices by promoting the most-senior justice.
Conservatives want to advance their agenda by limiting courts:
- Jurisdiction stripping has been advocated to legislatively remove some judicial power, for example over immigration and marriage.
Politicians are playing politics here and there, not protecting individuals’ rights overall.
Like the Constitution defines processes to secure individuals’ life, liberty, and property, judicial regulations should got the next step deeper here by defining processes to speedily produce just opinions.
Word processors, databases, clerks, friends of the court, and legacy practices produce overwhelming discovery, complex argumentation, long delays, and severely-throttled throughput. Critical legal cases becomes like Omnibus bills—complicated by design, and unjust. Bundling the government censorship of social media case Missouri v. Biden into its current ponderous mass has denied swift relief to each litigant and has victimized millions more.
Under current legislative controls, the judicial process strips litigants of property and unduly deprives them of rights for years. Many others can’t get any justice at all.
Justice—or injustice—is an emergent property of a system that encompasses all of society.
Justice needs to begin with generally good behavior, and with limited, clear, just statutes. Just and equitable remedies require good investigations, prosecutions, defenses, judges, and juries.
Justice is produced under government monopoly control currently. There are no customers supervising producers of justice’s components and selecting for ever-better producers.
Instead, justice producers need to be disciplined internally, by having government people use their offsetting powers to make exceptions and regulations and constitute inferior tribunals, to appoint, and to summarily impeach.
Justice is produced, or not produced, like any product: by completing projects, and on each project applying scarce resources to optimally trade off between time, cost, and quality.
Justice would be produced better by making and utilizing the following regulations:
Be seeing you
MCViewPoint 