Page 1
Page 1
Started By
Message
locked post

Schummer's threats of "packing the court" would require legislation signed by POTUS.

Posted on 9/22/20 at 4:52 pm
Posted by GumboPot
Member since Mar 2009
118758 posts
Posted on 9/22/20 at 4:52 pm


To change the judicial make up of the supreme court legislation would first have to pass the House with a simple majority.

Then once passed in the House, and assuming the filibuster is still in place the Senate would have to pass a cloture vote to bring the legislation to the floor of the Senate to vote up or down. The cloture vote requires 60 votes. After cloture the passage of the legislation on the Senate floor requires 50 +1 (I say 50 +1 because the +1 could be the VP or another senator).

Then POTUS would need to sign the legislation.


Now if Schummer is in control of the senate he would attempt to remove the filibuster however there is a big obstacle in his way. Cloture (or the filibuster itself...lol). He would not only need 60 votes to end cloture but he would need 67 senators present to end debate. That is a huge threshold for Schummer to overcome not counting the election threshold.

So in the final analysis Schummer's threat to pack the courts is for all practical purposes is a weak threat.
Posted by shinerfan
Duckworld(Earth-616)
Member since Sep 2009
22273 posts
Posted on 9/22/20 at 5:13 pm to
They can't just change Senate rules again?
Posted by GeauxTrain
Member since Sep 2019
1691 posts
Posted on 9/22/20 at 5:29 pm to
The threat is to pack the court after a Biden win and Dems control both the House and Senate.

The problem is that the sitting SC would inevitably hear the case.
This post was edited on 9/22/20 at 5:36 pm
Posted by viceman
Huntsville, AL
Member since Aug 2016
30688 posts
Posted on 9/22/20 at 5:32 pm to
Wouldn't they have to amend the constitution? The strictest and hardest thing to do of all. 2/3 vote from both the house and senate. Or 2/3 of state legislatures can amend the US Constitution.
This post was edited on 9/22/20 at 5:33 pm
Posted by lsursb
Baton Rouge
Member since Jan 2004
11579 posts
Posted on 9/22/20 at 5:33 pm to
Trump should float the idea if packing the court of the GOP retains control just to watch the heads exploding.
This post was edited on 9/22/20 at 5:52 pm
Posted by GeauxTrain
Member since Sep 2019
1691 posts
Posted on 9/22/20 at 5:35 pm to
The Constitution leaves it up to the Legislature for the SC's composition. The number of judges has been changed a few times.
Posted by Diamondawg
Mississippi
Member since Oct 2006
32235 posts
Posted on 9/22/20 at 5:41 pm to
quote:

Wouldn't they have to amend the constitution?
The Constitution does not set the number of justices.
Posted by viceman
Huntsville, AL
Member since Aug 2016
30688 posts
Posted on 9/22/20 at 5:41 pm to
quote:

The Constitution leaves it up to the Legislature for the SC's composition. The number of judges has been changed a few times.

'
Yes I just researched and learned that the constitution does not state the number of justices.
Posted by FooManChoo
Member since Dec 2012
41669 posts
Posted on 9/22/20 at 5:43 pm to
For all those on the left saying “honor her wish”, they don’t seem to care that RBG was against court packing.
Posted by cajunangelle
Member since Oct 2012
146688 posts
Posted on 9/22/20 at 6:18 pm to
They think they can never concede the election and wait until enough votes are counted for them to win.
Posted by DaleDenton
Member since Jun 2010
42349 posts
Posted on 9/22/20 at 7:03 pm to
quote:


For all those on the left saying “honor her wish”, they don’t seem to care that RBG was against court packing.


And was for nominating a SC justice just 4 short years ago during an election year.
first pageprev pagePage 1 of 1Next pagelast page
refresh

Back to top
logoFollow TigerDroppings for LSU Football News
Follow us on Twitter, Facebook and Instagram to get the latest updates on LSU Football and Recruiting.

FacebookTwitterInstagram