Overwriting and Under-Deciding: Addressing the Roberts Court's Shrinking Docket

I have expressed the view-and it may be a view that I'll have to be educated on further if I am confirmed, and I am not stating it as a solid view.I do think there is room for the Court to take more cases.They hear about half the number of cases they did 25 years ago.There may be good reasons for that that I will learn if I am confirmed, but just looking at it from the outside, I think they could contribute more to the clarity and uniformity of the law by taking more cases.1 -Chief Justice John G. Roberts Jr. I. THE PROBLEM: THE DUTY TO DECIDE "The duty to decide is the primary judicial duty." 2 If one agrees with Judge Posner, then the Roberts Court is shirking its primary duty.Empirically, the Roberts Court is the least productive of any Supreme Court.3 It averages less than