Is an apolitical Supreme Court impossible to create? I don’t think so. It might be difficult for Congress to agree, but the Court should be apolitical.
An idea has been bothering me for some time, that the Court has been politically motivated for far too long. It is either slanted towards conservatism, or liberalism over the two centuries of its existence, despite the founding fathers’ desire that it be an arbitrator between the congressional majority and the executive branch for much of its existence. Whether the Court is formulated by the Senate, by its power to interview each candidate, the majority of the senators establish the majority of the judges.
It’s time to change that system. How about a Court made up of four Republican selections, and four Democratic selections, with an independent Judge selected by the other eight Judges? It would be obvious that individual would be neither slanted towards either the Republicans or Democrats, and would be the logical choice for being the Chief Justice.
As time changes the direction of the country, fresh thinking is required. To obtain that balance, it would be logical for an age limitation be added to the requirement of selection. With the current longevity, that limitation might now be set at age 80, for a new replacement to be selected. The selection should be made by the representing party’s senators of the judge to be replaced. Thus, depending upon the current thinking of those senators, the choice could be the decision for its selection, without interference by the opposite party.
The question remains, could any Senate accept this seeking of an apolitical Supreme Court? Would it take an amendment of the Constitution to fix the process?
Only a large acceptance by the electorate and a groundswell for reform might make it possible.