Davis notes that there have been various proposals for reform but thinks that radical surgery is called for. He suggests that Supreme Court justices be elected by the public for a single 18-year term with no possibility of reelection.
This would provide adequate insulation from political pressure and acknowledge that Supreme Court appointments have become a political, not a technocratic, act. There’s certainly precedent: "Most states," he notes, "have long since abandoned the federal model of noninvolvement by the electorate."
When it comes to tinkering with the Constitution, I’m a small-c conservative – if it’s not broke, don’t fix it. But the confirmation process is a mess. I don’t think much of the prospect of judicial campaign commercials, but those, sadly, are already a reality, as interest groups roll out TV ads boosting or assailing John Roberts. Should we give up on dignity and go for democracy, instead? What would happen?