[excerpt] "This Article revisits and confronts the growing caseload and congestion problems plaguing the federal judiciary. It begins by tracing the history and political economy surrounding judiciary reform. It then updates data on caseloads, processing times, certiorari petitions, en banc review, and other measures of judicial performance, revealing expanding caseloads and growing complexity and fragmentation of federal law. Part III explores the political, institutional, and human causes of the logjam over judiciary reform and offers an antidote: a commission tasked with developing a judiciary reform act that would not go into effect until 2030. The “2030 Commission” members would not know the identity or party of the President or who controls the Senate. Furthermore, any federal judges involved in the process likely would have taken senior status or be retired by the time any reforms went into effect and thus presumably would be less concerned about how reform proposals might affect them personally. By delaying implementation, the 2030 Commission members would effectively work behind a veil of ignorance that would enable them to focus on the best interests of future generations of citizens (and judges and practitioners) while at the same time drawing upon their own experiences. The article concludes by outlining a judiciary reform agenda for the 2030 Commission."
California Law Review
108 Cal. L. Rev. 789 (2020)