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That's interesting. I wonder if there's a way to codify it that only n justices can proceed over a single case. That also has the added bonus of allowing the court to hear multiple cases at the same time, reducing the backlog.
Like the justices are picked through lottery or something like that.
I imagine that some justices will simply abstain from involving themselves in certain cases they don't find particularly important. For example, the court might vote 8-7 in favor of granting certiorari in a given case. Several of the justices who voted against certiorari might further elect not to participate in the case at all.
That definitely doesn't fix the coalitions issue though. Any meaningful case is going to have every judge want to be involved and get split right down partisan lines (as much as I hate to say that, it's been a proven fact over the past at least 8 years or so).
I kind of like the idea where they don't get to pick their workload. It feels like they'll have less opportunities to game the system.
I am far less concerned about the justices gaming the system than I am about the appellants. With less than the full court assigned to a case, the appellants are going to go shopping. Their backers will keep bringing case after case, and then withdrawing their appeal if they don't draw a favorable panel.