Supreme Court expansion commission warns against increasing number of justices

[rogue06]

If the Democrats in the Senate have the numbers to pass a bill expanding the size of the Supreme Court, I don't see how they wouldn't have the numbers to approve the new justices as long as Biden doesn't choose someone totally off the wall.

The harder thing is that to get such a bill passed they'd have to get rid of the filibuster, which would require every Democrat and the two Independents (who are basically Democrats, admittedly) to agree, and that's a step that I think people would be more uneasy about.

Keep in mind that the last pick for a SCOTUS justice offered up by the Democrats and who was repeatedly billed as a moderate but, as we can see by his actions as Attorney General, he is anything but. He just declared that parents protesting against CRT (which just a couple months ago the left was insisting didn't even exist) being taught in their school are domestic terrorists and has sicced the FBI on them.

[Terraceth]

The Dem majority in the Senate is too slim for them to be sure of confirming additional justices.

If the Democrats in the Senate have the numbers to pass a bill expanding the size of the Supreme Court, I don't see how they wouldn't have the numbers to approve the new justices as long as Biden doesn't choose someone totally off the wall.

The harder thing is that to get such a bill passed they'd have to get rid of the filibuster, which would require every Democrat and the two Independents (who are basically Democrats, admittedly) to agree, and that's a step that I think people would be more uneasy about.

[rogue06]

The Dem majority in the Senate is too slim for them to be sure of confirming additional justices.

Unless there is a drastic change that slim majority will be a minority next year.

[Starlight]

The Dem majority in the Senate is too slim for them to be sure of confirming additional justices.

[Terraceth]

Which I think is a good idea. I go in a fifteen to twenty year range.

I was initially interested in term limits, but one worries it might make the court even more politicized. With guaranteed vacancies, politicians could make the court an even bigger part of their campaign. I mean, okay, some have, but this would ensure it's a continual presence.

In my view, the best thing they can do for the Supreme Court would be to require a 2/3 majority to exercise judicial review--that is, the striking down of a law as unconstitutional. That's the most powerful ability the Supreme Court has, and in my view to do it, it should take more than a simple majority. Unfortunately, that would require a constitutional amendment, which are extraordinarily difficult to pass. But since such a change wouldn't fully benefit either conservatives or liberals, maybe some kind of movement could be made to make it happen?

[Mountain Man]

We're in such a time of lawlessness that I wouldn't be at all surprised if the executive branch just starts disregarding the scotus more and more. In fact, from what I understand, just declaring a situation a national emergency (like another variant scare), the courts become pretty ineffectual. I think the ultimate conflict is going to come down to federal vs. state.

The Supreme Court seems rather intent lately to never take a case or make a decision that could be construed as "controversial", I think because they are afraid of the Democrat party's threat to pack the court. Perhaps with this report, and with enough resistance from Congress the Justices will find their spines again.

[seanD]

I would view it as a partisan maneuver. If FDR couldn't get it through, why would this administration think they could?

We're in such a time of lawlessness that I wouldn't be at all surprised if the executive branch just starts disregarding the scotus more and more. In fact, from what I understand, just declaring a situation a national emergency (like another variant scare), the courts become pretty ineffectual. I think the ultimate conflict is going to come down to federal vs. state.

[Mountain Man]

No duh.

Now will the democrats listen or just bulldoze ahead and screw up the Supreme Court along with the rest of the country?

Is that a trick question?

[Thoughtful Monk]

Supreme Court expansion commission warns against increasing number of justices

This is refreshing!!! Now, mind you, it's "According to preliminary draft materials", but...

The commission warned that "rather than calm the controversy surrounding the Supreme Court, expansion could further degrade the confirmation process."

According to preliminary draft materials, the commission formed by President Biden to study Supreme Court expansion urged against increasing the number of justices and warned that it would be seen as a "partisan maneuver."

"There could be significant battles over any Justice added by a Court expansion measure. Indeed, a future Senate could respond to expansion by refusing to confirm any nominee," the commission said in preliminary reports.

Congressional Democrats have urged President Biden to expand the US Supreme court but members of the bipartisan commission "are divided on whether court expansion would be wise."

In April when the commission was formed, the White House said the purpose of the commission "is to provide an analysis of the principal arguments in the contemporary public debate for and against Supreme Court reform, including an appraisal of the merits and legality of particular reform proposals."

I would view it as a partisan maneuver. If FDR couldn't get it through, why would this administration think they could?

[Thoughtful Monk]

They have suggested term limits though.

Which I think is a good idea. I go in a fifteen to twenty year range.

[rogue06]

They have suggested term limits though.

Even with term limits that shouldn't include those currently on the bench, who ought to be "grandfathered/mothered" in.

[Cow Poke]

The left is going crazy! Fun to watch...

Limbaugh always said the left was so much more fun to watch when they were out of power (or didn't get there way in something like this).

[seer]

The left is going crazy! Fun to watch...

[Bill the Cat]

They have suggested term limits though.

[Sparko]

..urged against increasing the number of justices and warned that it would be seen as a "partisan maneuver."

"There could be significant battles over any Justice added by a Court expansion measure. Indeed, a future Senate could respond to expansion by refusing to confirm any nominee," the commission said in preliminary reports.

No duh.

Now will the democrats listen or just bulldoze ahead and screw up the Supreme Court along with the rest of the country?