Earlier quoted context omitted.
I like this idea. A somewhat related idea I've had is that instead of giving the supreme court ultimate power to overrule and/or reinterpret existing legislation they instead would be given power to call a referendum. Each justice would have the ability to attach their own revised version of the law to the referendum and there would be a voting process to determine which version of the law to accept as canonical. Thi…
The problem with referenda that the function of the Supreme Court isn't writing new laws but settling individual cases according to existing law. The reason why this has wide reaching implications is because other courts are bound to follow its legal arguments as precedents with other cases (and because Supreme Court justices can sometimes rule that a particular law is inconsistent with the constitution, which they d…
In my opinion, if SCOTUS is split 5/4 (or even 6/3) on anything, that should be taken as prima facie evidence that the law is unclear and needs amending. At that point we should require all the deciding judges to make a write-up for each opinion in the case detailing the requisite changes to the law that would make all judges to rule unanimously in favor of that opinion. These can then be submitted to the legislature or a referendum or whatever, but either way some decision needs to be made.