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+--- Thread: Congress can expand the SCOTUS (/showthread.php?tid=246523)
Congress can expand the SCOTUS - Lemon Drop - 09-19-2020
The Constitution does not limit the number of justices and allows Congress to determine the number. They haven't changed it in 150 years, but they can.
If McConnell and Graham are able to get their terrible Trump nominee confirmed, and Dems control both chambers after January, then I think they should do this, and Biden could then appoint two liberal justices
After the shenanigans of Garland and now this with Ginsburg, it'd be only fair.
So be careful what you wish for GOP.
Re: Congress can expand the SCOTUS - Dennis S - 09-19-2020
Two justices won't be enough to give us an advantage. It would be 6-5.
Re: Congress can expand the SCOTUS - sekker - 09-19-2020
The next twenty years are going to be historic. The House is going to stay Dem and pass bills. Even when passed, those progressive bills will be sued and rejected by the SCOTUS.
I’m not sure there’s an easy solution with such a divided country.
Re: Congress can expand the SCOTUS - RgrF - 09-19-2020
Schumer doesn't have the kind of cojones it takes to even try not to mention the Blue Dogs he'd have to contend with. All the anticipation that's been ginned up over a Dem Senate majority overlooks that these Blue Dogs will be handed a lot of power, they'll be the deciding votes.
Re: Congress can expand the SCOTUS - Ombligo - 09-19-2020
I still would not be surprised to see Thomas step down if Trump loses. It is no secret that he wants to retire. Stepping down in November would give McConnel time to get a replacement done.
If Thomas stays, then the next POTUS will likely appoint his replacement.
Adding justices to SCOTUS would be a dangerous precedent. It would almost guarantee the GOP adding some when it returns to power (and it will, sooner than expected).
Re: Congress can expand the SCOTUS - Ca Bob - 09-19-2020
I wonder why the same argument isn't used about the Republican violations of tradition. The New Democratic congress should expand the Supreme Court to 15 seats and Biden should appoint 6 liberals, and then we could see how some of the worst decisions of recent years could be whittled down or outright repealed. And if, someday, the Republicans get full control of all three branches of government, they can try to change things. I doubt that will happen anytime soon, and by then the American culture will have moved on and away from Jim Crow.
Re: Congress can expand the SCOTUS - samintx - 09-19-2020
We would have to take over both houses for it to work.
Re: Congress can expand the SCOTUS - Acer - 09-19-2020
On the plus side, a packed court would diminish the influence of a single justice, making these fights less meaningful. Furthermore, even when supposedly strongly weighted liberal or conservative, there is a tendency to revert to the mean. (We've seen it with some supposedly strongly ideological nominees becoming more moderate on the SCOTUS bench. Staying hard line is harder than it looks on paper when you have real people in front of you.) The bigger the court, the more likely you'll end up with moderate decisions. So, continuing to pack the court in the future will have diminishing returns. The first party to pack it will see the most benefit.
Re: Congress can expand the SCOTUS - btfc - 09-19-2020
Laws really need to be put in place so that Trump’s assault on democracy and the rule of law is never repeated. The House’s subpoena power needs to be clearly defined and given some teeth. The power of the Executive to avoid meaningful oversight. Executive orders need to be reined in. The responsibilities of the Attorney General need to be clearly defined. The abuse of temporary appointments needs to be limited. The ability of the Senate to abuse the judicial appointments process needs to be changed. Many other changes which don’t immediately spring to mind.
Re: Congress can expand the SCOTUS - sekker - 09-19-2020
btfc wrote:
Laws really need to be put in place so that Trump’s assault on democracy and the rule of law is never repeated. The House’s subpoena power needs to be clearly defined and given some teeth. The power of the Executive to avoid meaningful oversight. Executive orders need to be reined in. The responsibilities of the Attorney General need to be clearly defined. The abuse of temporary appointments needs to be limited. The ability of the Senate to abuse the judicial appointments process needs to be changed. Many other changes which don’t immediately spring to mind.
Yes. And:
The Electoral College needs to be eliminated.
SCOTUS judges should be 18 year appointments, replaced every 2 years. Or your favorite solution to lifetime appointments meaning so much.
True fixes on gerrymandering.
I think a solution to the two-party duopoly to prevent a minority to control a party transiently in the majority such as being Primaried.
There are many who have been saying there are key under-the-hood issues that need to be fixed to be sure we have a Democracy in 150 years. At this point, I am deeply concerned we are not learning the true lesson from The Orange Idiot - we need to add-back protections against damaging populists.