5-5-5 AND APPELLATE ROTATION PLANS ARE UNCONSTITUTIONAL AND UNWORKABLE

Aaron Belkin

March 2019

2020 candidates have discussed a range of judicial reform measures including "5-5-5" and appellate rotation. Despite the merits of these alternatives, they are unworkable because they violate the Appointments Clause of the Constitution, and because the Supreme Court would have ample time to enjoin and then strike down statutes advancing either proposal. Without an unlikely constitutional amendment that strips the President of appointment powers, the 5-5-5 and appellate rotation plans will not reform the Court.