Antonin Scalia

There oughta be a (Supreme Court) law!

There oughta be a (Supreme Court) law!

Now that tempers have calmed and some time has passed since the contentious questioning and confirmation of Brett Kavanaugh to the U.S. Supreme Court — a process Sen. Susan Collins deemed a “dysfunctional circus” — it seems appropriate to explore ideas for preventing a repeat performance.

Under the current system, senators are left to decide on their own what the Constitution's provision for “advice and consent” on presidential appointments actually means. But we can spell it out: A Supreme Court Law would resolve controversies before confirmation or head them off altogether.

To start, such a Supreme Court Law could require that the Senate fill a vacancy within two months...