"All the hysteria about a Ginsburg replacement stems from the fact that our political system is dominated by an allegedly nonpolitical Court that actually decides many political issues."

"And that Court is small (enough so that a single retirement can throw things into disarray) and unrepresentative of America at large. In an earlier article, responding to Democrats’ plans to 'pack' the Court with several additional justices whenever they get control back, I suggested going a step further, and add fifty new justices, one each to be appointed by every states' governor.... Under my proposal, the death or retirement of a single justice wouldn’t be much more than a blip in the news, instead of something serious enough that there are people talking about violence in the streets. A Supreme Court composed of 59 justices wouldn’t have the mystique of the current Court — you might believe in 9 Platonic Guardians, but the notion of 59 such is absurd. And since governors would presumably select people from their own states, it would bring a substantial increase in diversity to the Court."

Writes Glenn Reynolds at USA Today.