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Democrats increasing the number of SC Justices?

Posted on 10/6/18 at 10:47 am
Posted by doublecutter
Hear & Their
Member since Oct 2003
6586 posts
Posted on 10/6/18 at 10:47 am
I've seen thus mentioned a few times. What exactly would it take to accomplish this? Simple majority of Congress? Constitutional Ammendment?
Posted by djcaz33
Mandeville
Member since Dec 2007
616 posts
Posted on 10/6/18 at 10:49 am to
So expand to 12. Trump nominates 3 more. I’m in.
Posted by SirWinston
PNW
Member since Jul 2014
81756 posts
Posted on 10/6/18 at 10:50 am to
Good question mate - it should take 2/3 IMO but I have a hunch its simple majority
Posted by Godfather1
What WAS St George, Louisiana
Member since Oct 2006
79689 posts
Posted on 10/6/18 at 10:50 am to
quote:

Constitutional Ammendment?


There needs to be a push for a Constitutional Amendment setting the maximum number of justices at 9.

The Democrats will scream bloody murder. Fine. Let them. Get them on the record as to why they think that would be such a bad thing.
Posted by fatboydave
Fat boy land
Member since Aug 2004
17979 posts
Posted on 10/6/18 at 10:51 am to
FDR tried that. Not going to happen.
Posted by 4LSU2
Member since Dec 2009
37329 posts
Posted on 10/6/18 at 10:52 am to
How are they going to do this with a GOP house, Senate, amd White House?
Posted by LSUTigerFan247
Member since Jun 2017
3628 posts
Posted on 10/6/18 at 10:54 am to
quote:

How are they going to do this with a GOP house, Senate, amd White House?



Show up and get in people's faces. It seems to work quite well
Posted by dcbl
Good guys wear white hats.
Member since Sep 2013
29685 posts
Posted on 10/6/18 at 10:54 am to
quote:

What exactly would it take to accomplish this?
for them to have control over the Senate and WH at the same time
Posted by Sidicous
Middle of Nowhere
Member since Aug 2015
17170 posts
Posted on 10/6/18 at 10:54 am to
quote:

quote:
Constitutional Ammendment?



There needs to be a push for a Constitutional Amendment setting the maximum number of justices at 9.

The Democrats will scream bloody murder. Fine. Let them. Get them on the record as to why they think that would be such a bad thing.
Good luck ever seeing ANY Constitutional Amendment in our lifetimes. Too much division for any ratification of anything.
Posted by CarrolltonTiger
New Orleans
Member since Aug 2005
50291 posts
Posted on 10/6/18 at 10:55 am to
quote:

FDR tried that. Not going to happen.


He failed but that doesn't mean it couldn't be done in the future. His effort failed in the Senate 70 - 22, he had strong D opposition to such a political ploy. There are no ethical D's today, it could get done with a majority if they get one.

Posted by ChineseBandit58
Pearland, TX
Member since Aug 2005
42600 posts
Posted on 10/6/18 at 10:55 am to
quote:

FDR tried that. Not going to happen.


But that was back when Democrats were loyal Americans - differing with the GOP strictly on basis of policy goals. The Dems then were not copasetic with toying with the fundamental gearing of the way government should work.

Today's DEMOCRAT party is not at all concerned with fundamental fairness, constitutional government, or fair treatment of political opposition. Now, the Ends Justify the Means - By Any Means Necessary.

They would do it in a nanosecond if they had the power to do it.
Posted by dcbl
Good guys wear white hats.
Member since Sep 2013
29685 posts
Posted on 10/6/18 at 10:56 am to
quote:

There needs to be a push for a Constitutional Amendment setting the maximum number of justices at 9.

won't happen, we need 2/3 of states and congress to make it so IIRC
Posted by keakar
Member since Jan 2017
30024 posts
Posted on 10/6/18 at 10:56 am to
the way i understand it is that currently there is no "limit" at the present time, just a traditional number.

so that would mean they just need to nominate as many as they want and if they get confirmed, they are in.

the last time i heard it talked about some guy who sounded like he knew his shite said, they used to be 5 a long time ago, then they added 2 more so it went up to 7 and got to the point today where we have 9. each time it was increased by 2 so it was one pick from each politically leaning side.

again i dont recall the guys name but he seemed to be very knowledgeable about it but i cant remember "why" he said it was done
Posted by dcbl
Good guys wear white hats.
Member since Sep 2013
29685 posts
Posted on 10/6/18 at 10:57 am to
quote:

How are they going to do this with a GOP house, Senate, amd White House?


I've said it already, but it bears repeating, we cannot EVER allow the dems to control the WH and Senate at the same time

They will almost certainly try to stack the court as FDR tried and as Obama actually did on the DC Circuit
Posted by doublecutter
Hear & Their
Member since Oct 2003
6586 posts
Posted on 10/6/18 at 10:58 am to
My question was meant if Democrats had control of Congress and WH?

Or no matter who had control, what would it take to lawfully change the number?
Posted by dcbl
Good guys wear white hats.
Member since Sep 2013
29685 posts
Posted on 10/6/18 at 10:58 am to
quote:

again i dont recall the guys name but he seemed to be very knowledgeable about it but i cant remember "why" he said it was done

his statement was correct
Posted by dcbl
Good guys wear white hats.
Member since Sep 2013
29685 posts
Posted on 10/6/18 at 10:59 am to
quote:

Or no matter who had control, what would it take to lawfully change the number?


no law needs to be changed, they just need the WH and control of the Senate
Posted by Homesick Tiger
Greenbrier, AR
Member since Nov 2006
54210 posts
Posted on 10/6/18 at 11:00 am to
I found this:

quote:

The supreme court of the United States is created by the Constitution of the United States. The President shall appoint and the congress shall consider. If the president wants to increase or decrease the numbers of justices, he can petition congress. If congress approves, the change has been made.
Posted by Godfather1
What WAS St George, Louisiana
Member since Oct 2006
79689 posts
Posted on 10/6/18 at 11:01 am to
quote:

won't happen, we need 2/3 of states and congress to make it so IIRC


Wouldn’t necessarily have to happen. Just float the idea and push it.

Painting them into a corner on the issue would be enough to ensure that they’d never be able to pack the court without committing political suicide.
Posted by Sidicous
Middle of Nowhere
Member since Aug 2015
17170 posts
Posted on 10/6/18 at 1:14 pm to
quote:


Or no matter who had control, what would it take to lawfully change the number?

no law needs to be changed, they just need the WH and control of the Senate
Exactly, there is no law that defines the number. Sometime in the past (several times actually) the WH told the Senate, pick a number, any number, closest one to what I'm thinking wins a seat on SCOTUS. And, voila, we have 9 for now.
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