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How quickly can the Dems pack the SCOTUS?

Posted on 1/17/21 at 10:53 am
Posted by WhitewaterDawg
Tennessee
Member since Aug 2011
7233 posts
Posted on 1/17/21 at 10:53 am
Is this something that goes through the House then Senate then to the SCOTUS?

Or can it be done through E.O.?
Posted by AmishSamurai
Member since Feb 2020
2658 posts
Posted on 1/17/21 at 10:54 am to
Never.

CORRECTED: Congress can expand it but they'll lose their seats if they try.
This post was edited on 1/17/21 at 11:04 am
Posted by Doctor Strangelove
Member since Feb 2018
2960 posts
Posted on 1/17/21 at 10:54 am to
Why would they need to? They are cucked out without packing the court.
Posted by Paddyshack
Land of the Free
Member since Sep 2015
8187 posts
Posted on 1/17/21 at 10:55 am to
quote:

They have to amend the constitution to achieve that

As if they give two shits what the Constitution says.
The Constitution is dead if there is no one to enforce it.
Posted by WhitewaterDawg
Tennessee
Member since Aug 2011
7233 posts
Posted on 1/17/21 at 10:55 am to
Didn’t Schumer say that was the goal?
-Filibuster
-DC and PR statehood
-Expand SC

is this not on the Progressive agenda?
Posted by dakarx
Member since Sep 2018
6819 posts
Posted on 1/17/21 at 10:56 am to
quote:

They have to amend the constitution to achieve that.


They are SUPPOSED to amend the constitution to achieve that.

I'm sure Nancy and Chuckie think they can just order it, then when challenged it will be dtermined nobody will have standing to challenge.
Posted by Indefatigable
Member since Jan 2019
26056 posts
Posted on 1/17/21 at 10:56 am to
quote:

They have to amend the constitution to achieve that


Not true. The constitution is silent on the size of the court.
Posted by CheEngineer
Louisiana
Member since Aug 2019
4234 posts
Posted on 1/17/21 at 10:57 am to
They impeached him the second time in a few days I don’t see any reason they can’t start packing the court in a few days.
Posted by TigernMS12
Member since Jan 2013
5530 posts
Posted on 1/17/21 at 10:57 am to
They do not have to amend the constitution. They would have kill the filibuster for legislation, then get a simple majority in both houses. I’d think it would still be difficult to get everyone they’d need on board for these two things.
Posted by TOSOV
Member since Jan 2016
8922 posts
Posted on 1/17/21 at 10:57 am to
I don't think there's a law on #s.* Prez nominates. Senate does it's hearings right quick, and then votes. They'll turn it around in a week to a month each time they add someone. They'll use the timing on ACB as their excuse/need, and elections have consequences.

House has nothing to do with it.

*ETA...there is a law in place. But the Constitution is silent on it, so amendment isn't needed. Just a change to the current law.
This post was edited on 1/17/21 at 11:16 am
Posted by AmishSamurai
Member since Feb 2020
2658 posts
Posted on 1/17/21 at 10:57 am to
quote:

As if they give two shits what the Constitution says.
The Constitution is dead if there is no one to enforce it.


Cool story.

At that point THE RULE OF LAW is dead and every elected official will need SS protection to leave their homes.
Posted by Pelican fan99
Lafayette, Louisiana
Member since Jun 2013
34653 posts
Posted on 1/17/21 at 10:57 am to
quote:

They have to amend the constitution to achieve that.

are you sure about this? I didn’t think it would take an amendment


Packing the courts probably won’t happen until 2022 when they expand their leads in the house and senate
This post was edited on 1/17/21 at 10:59 am
Posted by Indefatigable
Member since Jan 2019
26056 posts
Posted on 1/17/21 at 10:57 am to
quote:

I don't think there's a law on #s


There is. The Court is currently set at nine, and Congress would have to change the law to increase the number of justices
This post was edited on 1/17/21 at 11:00 am
Posted by WhitewaterDawg
Tennessee
Member since Aug 2011
7233 posts
Posted on 1/17/21 at 10:58 am to
I gotcha. I think that’s the biggest threat to guns. I predict the SC as it is now will shoot down any super aggressive gun legislation.

Could be wrong but I don’t think we are there yet.
Posted by Tiger985
Member since Nov 2006
6461 posts
Posted on 1/17/21 at 11:01 am to
Expanding the district courts will be the play for Democrats.

It's less noticeable and can be more effective because only a very low percentage of appeals make it to the USSC.

There is also an argument that the courts are overloaded and need the expansion.
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
421612 posts
Posted on 1/17/21 at 11:02 am to
quote:

They have to amend the constitution to achieve that.

No they do not
Posted by longwayfromLA
NYC
Member since Nov 2007
3331 posts
Posted on 1/17/21 at 11:04 am to
quote:

How quickly can the Dems pack the SCOTUS?


Manchin said no already, so no time soon. If Roe v Wade is reversed during the session, ask again.
Posted by WhitewaterDawg
Tennessee
Member since Aug 2011
7233 posts
Posted on 1/17/21 at 11:05 am to
No way that is happening.
Posted by Smokeyone
Maryville Tn
Member since Jul 2016
15865 posts
Posted on 1/17/21 at 11:05 am to
They can just nominate and send them to the senate for approval. Their is no constitutionally mandated number. Originally their were 6 justices but it’s been as low as 5. If they wanted to follow precedent they could do a judiciary act of 2021 I guess.

Honestly they would be smarter to impeach 2 of Trumps appointees and keep it at 9. They have no grounds to do so but they have no grounds to impeach Trump either time either.
Posted by AmishSamurai
Member since Feb 2020
2658 posts
Posted on 1/17/21 at 11:05 am to
Roe V Wade is like 2A. Won't be touched.

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