Munger, Tolles & Olson attorneys Joshua Patashnik and Aaron D. Pennekamp wrote a “Supreme Court Watch” column for San Francisco Attorney about considerations for Supreme Court reform following the death of Justice Antonin Scalia.
The article, which appears in the Winter 2016 edition, analyzes the political weight and partisan divide highlighted by the Supreme Court vacancy. The authors also discuss proposals for reforming the High Court appointment and tenure process.
The column describes two broad categories of reform: term or age limits and allowing for more nominations and appointments.
“A common proposal in this vein is to give each justice a single eighteen-year term in office… The hope is that establishing a predictable schedule for turning over the Supreme Court’s membership would lower the stakes enough to remove (or at least reduce) the political furor over each appointment,” stated the article.
Mr. Patashnik and Mr. Pennekamp also address the Constitutional barriers to amending the Supreme Court membership process.
Based in Munger Tolles’ San Francisco office, Mr. Patashnik focuses his practice on complex civil litigation and appellate litigation. He clerked previously for Supreme Court Justice Anthony Kennedy.
Also based in San Francisco, Mr. Pennekamp is a litigator focusing on complex litigation. He clerked previously for Supreme Court Justice Stephen Breyer.