A supreme Court Judicial review by 9 justices with discretionary review cannot possibly fulfill any measure of “equal treatment under law” by virtue of the fact that it cannot physically perform judicial review for all those of the 3 million + persons plus corporations who request it in the U.S.

Congressional expansion depends upon demographics; why not the Court?

Inherent discrimination associated with discretionary review at the Supreme Court level need not be associated with any particular Justice, but it has much to do with whether or not the Court can fulfill its mission for all those who seek its power to perform.

Rationing justice is as inconsistent with the Constitution as unequal representation in Congress in terms of due process and the principles underlying it. If due process is foreclosed – for whatever reason – the reality speaks for itself.

There is no basis except the rule of men that justifies discretionary review, at the Supreme Court or anywhere else in our Judicial system IF due process has any meaning to liberty and democracy.