Comment on "Powerline Blog""The Supreme Court as House of Lords"

Before Gorsuch was nominated I suggested at least discussing using the GOP majority to not increase but to reduce the size of the Supreme Court. The Justices of the SCOTUS and every other judicial or executive office only exist by Act of Congress. What Congress creates the Congress can abolish. The only exception is the office of the Chief Justice, which is created by the Constitution. If Congress had reduced the court to 7 members that would have fired Kagan and Sotomayor. The next day the Congress could have passed a new Act expanding the court and creating new offices for the POTUS to fill.

The way to depoliticize the courts is to transfer the power of Judicial Review, which is a political power, to a political body. The Electoral College as a body appointed by the state legislatures could serve that function, after the Judiciary suspends a law for a set period to afford time for such review. Also there is no way to check or override a court ruling rejecting an Act of Congress, because that power of a judicial veto was never in the Constitution to begin with. It is in the Constitution that Congress can override a veto by the POTUS. Congress needs the ability with a supermajority to override a court ruling.