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re: SCOTUS question, what stops Trump (or dems when/if they retain power) from "stacking"??

Posted on 4/20/17 at 9:09 am to
Posted by HeyHeyHogsAllTheWay
Member since Feb 2017
12458 posts
Posted on 4/20/17 at 9:09 am to
quote:

I believe it would require both houses of Congress to expand the court. Regular legislative process.


Incorrect, there is no law governing how many Justices we have. If the Senate were to confirm 20 nominees that would be legal.

But it's sort of like MAD, you seat 20 and when we get in power, we'll seat 40 lol
Posted by CorporateTiger
Member since Aug 2014
10700 posts
Posted on 4/20/17 at 9:15 am to
Incorrect, the Circuit Judges Act of 1869 set the SCOTUS at nine justices.
This post was edited on 4/20/17 at 9:19 am
Posted by Antonio Moss
Baton Rouge
Member since Mar 2006
48330 posts
Posted on 4/20/17 at 9:17 am to
quote:

ncorrect, there is no law governing how many Justices we have. If the Senate were to confirm 20 nominees that would be legal.



Unequivocally false.

The Judiciary Act of 1869 set the number of Supreme Court Justices at nine. In order for there to be more than nine, the U.S. Congress would have to pass a separate bill to override this act and that bill would have to be signed into law by the President.
Posted by Bamatab
Member since Jan 2013
15112 posts
Posted on 4/20/17 at 9:24 am to
quote:

But it's sort of like MAD, you seat 20 and when we get in power, we'll seat 40 lol

Well the Dems have proven time & time again that they don't care to play that game. The only reason the Republicans had the balls to use the nuclear option for Gorsuch was because the Dems proved they would use it regardless the consequences down the road. I have no doubt that if they get the House, the Senate and WH, they will appoint however many Justices they need to in order to regain the court.

ETA: I didn't realize that the Judiciary Act of 1869 set the number of Supreme Court Justices at nine.
This post was edited on 4/20/17 at 9:31 am
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