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Supreme Court — Part 16

130 pages · May 11, 2026 · Document date: Sep 3, 1957 · Broad topic: General · Topic: Supreme Court · 127 pages OCR'd
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The formula used in the draft proposal would give to each Circuit with 20 members or less in the Congress, one appointment to the Court; and for each 25 additional members in the Gongress above the basic 20, the Cir- cuit would be entitled to one more appointment on the Court; based on thia formula the First and Tenth Circuits “would each be entitled to one appointment on the Court; the Second, Third, Fourth, Sixth, Seventh and Eighth Circuits, would each be entitled to two appointments on the Court and the Fifth and Ninth Circuits would each be entitled to three members on the Court. These figures could possibly change with each decennial census, under the present congres- sional apportionment the Court would have twenty members. “The States within’a Circuit in making any appointments to the Court would act through their delegations in the Congreas, Senators and Representa - tives, each acting ex officio and exercising his own discretion. When assembled to make such appointments each Representative present would have one vote and all o1 the Senators present collectively would have as many votes as the Representatives present and this total vote would be shared and voted by such Senators equally and in fractions. Annointmente to the Court waultd he made fram activa mambera nt the Appointments to the Lourt woule be made trom active memoers $1 the courts of last resort in civil cases ot the States within the Circuit provided they have had at least five years service on that court, appointments «would be for five years and with eligibility for re -appointment. Retirement would be compulsory at age 75 years with full salary for lite. Some ot these are details which could be varied without materiaily changing the proposal. Tt will be noticed that this amendment would leave with the Supreme Court the powers vested in it by the Constitution they being powers not related to the appellate jurisdiction; it will be noticed, too, that it does not take from the ‘Senate it's voice in the appointing process as would have been the case with certain other proposala offered on this generat subject. The proposal advanced here is of very recent origin, - within the present year. It has not yet been widely circulated. It has had some organized support and has not been rejected where-ever submitted for formal approval. It's aponsorse consider it has mérit to warrant the attention and the support of the Congresa. For,that purpose it ought to be presented there by joint resolu tion so that early hearings can be had. _With that in mind, suggestions on the proposal and on developing support for it will be appreciated. = a Jonn P, Rogge, 4007 Bellaire Bivd., Houston, Texas 77025 . an a te Tee CO a ed Te came cam a le I Sa oi i Md oe ate wand : la ce me Mab
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