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Message
Stacking the USSC, How?
Posted on 9/22/20 at 6:15 am
Posted on 9/22/20 at 6:15 am
Dumb question but I see the Dems saying this, saying they will add more justices... How can they do it? What document dictates the number of justices? Would it have to be a constitutional amendment?
They make it sound like they can do it with a simple majority
They make it sound like they can do it with a simple majority
Posted on 9/22/20 at 6:17 am to Lsut81
No document states how many Justices, it has fluctuated throughout the years.
With no filibuster, a President and Senate can add positions then fill them with just a majority. Republicans could do it today.
With no filibuster, a President and Senate can add positions then fill them with just a majority. Republicans could do it today.
Posted on 9/22/20 at 6:18 am to Redleg Guy
quote:
With no filibuster, a President and Senate can add positions then fill them with just a majority. Republicans could do it today.
Then Trump should nominate 3 and call it the Chuck Schumer rule
Posted on 9/22/20 at 6:19 am to Lsut81
quote:
What document dictates the number of justices?
The Judiciary Act of 1869
Posted on 9/22/20 at 6:19 am to Lsut81
They can stack it with a simple majority.
They probably won't but they can.
It would be silly. Say they add 6 liberal justices and we have 15 Justices.
Nothing stops Republicans from adding 20 next time they are in power.
It would never end.
The result would be the Supreme Court losing legitimacy.
They probably won't but they can.
It would be silly. Say they add 6 liberal justices and we have 15 Justices.
Nothing stops Republicans from adding 20 next time they are in power.
It would never end.
The result would be the Supreme Court losing legitimacy.
This post was edited on 9/22/20 at 6:21 am
Posted on 9/22/20 at 6:20 am to Lsut81
There is no law setting it at nine.
Supreme Court can be changed by a simple law.
In prior years, you needed 60 percent to get a nominee placed. Dumb arse Obama kept nominating activist very liberal judges who would make law from the bench who the senate didn't want to confirm.
So he changed the rule so a simple majority is needed. Then appointed two bad justices.
That is why they did it. They fail to see the future in there dumb plans, they only see the now.
Anyways currently they need 60 percent to change rules but they could change that rule as well to 50 and then change the number of Supreme Court with a simple majority vote.
Supreme Court can be changed by a simple law.
In prior years, you needed 60 percent to get a nominee placed. Dumb arse Obama kept nominating activist very liberal judges who would make law from the bench who the senate didn't want to confirm.
So he changed the rule so a simple majority is needed. Then appointed two bad justices.
That is why they did it. They fail to see the future in there dumb plans, they only see the now.
Anyways currently they need 60 percent to change rules but they could change that rule as well to 50 and then change the number of Supreme Court with a simple majority vote.
Posted on 9/22/20 at 6:24 am to Lsut81
They kind of can. It's chickenshit, because if they were in the same position they would do the same and claim that they are mainstream "non ideological" jurists.
This is akin to playing a football game, getting your arse beat at the end of the third quarter, and having your team march into the locker room and refuse to come out because the opposing QB is taking advantage of your suckass secondary.
This is akin to playing a football game, getting your arse beat at the end of the third quarter, and having your team march into the locker room and refuse to come out because the opposing QB is taking advantage of your suckass secondary.
Posted on 9/22/20 at 6:25 am to Redleg Guy
quote:
No document states how many Justices, it has fluctuated throughout the years.
With no filibuster, a President and Senate can add positions then fill them with just a majority. Republicans could do it today
Most of this isn't true.
Congress set the number of justices to 9 in 1869.
Adding more justices would require a change in the statute and more than a majority in the senate.
Check out school house rock if you forgot how laws are changed.
This post was edited on 9/22/20 at 6:32 am
Posted on 9/22/20 at 6:28 am to Barstools
Simple majority can change the Senate rules then a simple majority changes the 1860 law.
When I stated no document, it is not prescribed in the constitution that can be argued. Changing a law is easy.
When I stated no document, it is not prescribed in the constitution that can be argued. Changing a law is easy.
Posted on 9/22/20 at 6:30 am to bird35
quote:
They can stack it with a simple majority.
Wrong.
Where do you guys get this info?
They can only replace judges with a simple majority.
They have to change the statute to add judges.
quote:
In 1869, however, the Circuit Judges Act returned the number of justices to nine, where it has since remained.
Judiciary Act of 1869
This post was edited on 9/22/20 at 6:32 am
Posted on 9/22/20 at 6:30 am to Redleg Guy
quote:
Simple majority can change the Senate rules then a simple majority changes the 1860 law.
It's not a senate rule, it's a statute.
Posted on 9/22/20 at 6:31 am to Lsut81
For a group of people's whose entire Presidential campaign is OMB and that Biden will bring back the norms of the office they sure do spend a lot of time talking about destroying the norms of the Senate and House.
Posted on 9/22/20 at 6:32 am to Lsut81
Whether they can or not merely discussing it openly shows how they have gone full kook.
This isn't principled, this is a raw lust for power.
This isn't principled, this is a raw lust for power.
Posted on 9/22/20 at 6:33 am to Barstools
Step 1: Change Senate rules requiring 60 votes to majority (done with simple majority)
Step 2: Change Act of 1869 (done with simple majority)
Step 3: Nominate and vote on Justices (done with simple majority today)
Step 2: Change Act of 1869 (done with simple majority)
Step 3: Nominate and vote on Justices (done with simple majority today)
Posted on 9/22/20 at 6:33 am to thetempleowl
quote:
So he changed the rule
nope
Posted on 9/22/20 at 6:34 am to Lsut81
Number of justices determined by Congress.
The current number of 9 has not been adjusted since the 1860s, I believe.
The current number of 9 has not been adjusted since the 1860s, I believe.
Posted on 9/22/20 at 6:35 am to bird35
quote:
They probably won't but they can.
They absolutely will.
quote:
The result would be the Supreme Court losing legitimacy.
They don’t care.
Posted on 9/22/20 at 6:35 am to Redleg Guy
quote:
Step 2: Change Act of 1869 (done with simple majority)
That can't be done. Do you not understand how laws are changed? It takes more than just the Senate. JFC
This post was edited on 9/22/20 at 6:36 am
Posted on 9/22/20 at 6:37 am to thetempleowl
quote:
There is no law setting it at nine.
Yes, there 100% is. Stop spreading fake news.
ETA Just to clear something up... Statute = Law. I think some are struggling with that word association.
Also, Senate Rule =/= Statute, two different things, with different requirements.
This post was edited on 9/22/20 at 6:41 am
Posted on 9/22/20 at 6:38 am to Barstools
Dem President and Dem controlled Congress would absolutely agree
This post was edited on 9/22/20 at 6:39 am
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