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kentuck

(111,107 posts)
Fri Oct 5, 2018, 11:11 PM Oct 2018

Is it time to expand the Supreme Court once again?

When one political Party uses hook or crook to get an advantage on the Court, then perhaps it is time to balance it out? Since Kavanaugh is not going to be accepted as a legitimate Justice, then maybe we should add one more Justice to the Court? But who will break the tie! The Justices should have to reach a majority opinion in order to change the laws of this country. A 5-4 majority cannot be accepted if their intent is to change this country with 5-4 decisions. Adding one more Justice would force them to get a 6-4 majority amongst themselves. That's my suggestion for today.

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Is it time to expand the Supreme Court once again? (Original Post) kentuck Oct 2018 OP
Probably would not work TheRealNorth Oct 2018 #1
The number of justices is determined by Congress. dalton99a Oct 2018 #9
FDR almost did. NEOBuckeye Oct 2018 #2
Right SCantiGOP Oct 2018 #7
FDR didn't come remotely close to succeeding in his court packing plan onenote Oct 2018 #11
Can trump do this now? Soxfan58 Oct 2018 #30
He doesn't see the necessity. kentuck Oct 2018 #31
Add one? How about add 5, a LGBT, a single mom, a Muslim, etc. Meadowoak Oct 2018 #3
Agree on this. Never understand why calls for diversity are exclusively about race and gender. MadDAsHell Oct 2018 #19
5 Catholics on the court--very unrepresentative spooky3 Oct 2018 #27
Add more and remove some. LiberalFighter Oct 2018 #4
No basis to remove any that will garner 2/3 vote of the Senate brooklynite Oct 2018 #22
Time to put pressure on them to leave. LiberalFighter Oct 2018 #33
Don't think I am in favor of expansion SCantiGOP Oct 2018 #5
Absolutely. First, win back the White House and Congress, dalton99a Oct 2018 #6
And how would we stop the republicans from doing exactly thst onenote Oct 2018 #8
Republicans can wait for their turn. dalton99a Oct 2018 #10
If they wanted to they could do it next week onenote Oct 2018 #13
Let them try. dalton99a Oct 2018 #15
The 1937 plan was a complete failure onenote Oct 2018 #17
Yes, it was. In 1937. kcr Oct 2018 #21
Yup - this should be talk the second Dems take Senate Adenoid_Hynkel Oct 2018 #12
Has to be done brokephibroke Oct 2018 #14
That would entail engaging in procedural war. That's what Republicans do. Garrett78 Oct 2018 #16
The ACA is a bad example of the point it's trying to make. MadDAsHell Oct 2018 #20
This message was self-deleted by its author geralmar Oct 2018 #18
I've been saying this for awhile Azathoth Oct 2018 #23
Let's just make every person over the age of 18 a Supreme Court Justice hardluck Oct 2018 #24
yes it would be dreadful to do anything shanny Oct 2018 #28
Kick ck4829 Oct 2018 #25
So how many Catholics are there on the court? greymattermom Oct 2018 #26
Do let's wait until we have Democratic control of Congress and MineralMan Oct 2018 #29
Message auto-removed Name removed Oct 2018 #32

TheRealNorth

(9,497 posts)
1. Probably would not work
Fri Oct 5, 2018, 11:17 PM
Oct 2018

Some right-wing hack group will challenge it in court and any expansion would then be shot down by the RW hacks in the Supreme Court.

NEOBuckeye

(2,781 posts)
2. FDR almost did.
Fri Oct 5, 2018, 11:17 PM
Oct 2018

A new Democratic majority and president could indeed make it happen.

The added bonus would be that it would erase Mitch McConnell's work and legacy.

SCantiGOP

(13,871 posts)
7. Right
Fri Oct 5, 2018, 11:24 PM
Oct 2018

Constitution doesn’t mention a number for SCOTUS. Leaves the details to Congress, and it has varied over the years.

onenote

(42,737 posts)
11. FDR didn't come remotely close to succeeding in his court packing plan
Fri Oct 5, 2018, 11:27 PM
Oct 2018

Despite having Democratic majorities that dwarfed anything we are like to see in our lifetimes.

 

MadDAsHell

(2,067 posts)
19. Agree on this. Never understand why calls for diversity are exclusively about race and gender.
Sat Oct 6, 2018, 12:21 AM
Oct 2018

A single mom, LGBTQ individual, or non-Christian would bring way more of a unique perspective than someone who just brings something different between their legs or a slightly different shade of skin.

SCantiGOP

(13,871 posts)
5. Don't think I am in favor of expansion
Fri Oct 5, 2018, 11:22 PM
Oct 2018

But I’ve always thought of an odd number as being some kind of natural law. The 6-4 requirement you describe might be a good idea. Dilutes the five Koch Brothers on the current Court, and you can push it to “conservatives” as being a hedge against activist judges changing laws.
Now, we just need a POTUS and both chambers of Congress to make it happen.

 

Adenoid_Hynkel

(14,093 posts)
12. Yup - this should be talk the second Dems take Senate
Fri Oct 5, 2018, 11:27 PM
Oct 2018

Whether this year or, all but assured in 2020

As soon as McConnell is ousted, Dems should run on this, citing the issues of these last two seats

brokephibroke

(1,883 posts)
14. Has to be done
Fri Oct 5, 2018, 11:31 PM
Oct 2018

But first we need to win the congress and the WH. We have much to do to make America great again.

Garrett78

(10,721 posts)
16. That would entail engaging in procedural war. That's what Republicans do.
Fri Oct 5, 2018, 11:36 PM
Oct 2018

Democrats engage in policy war.

I will once again point to this article: https://www.vox.com/2018/5/1/17258866/democratic-party-republicans-trump-election

David Faris
...my point is that no policy platform is going to win three or four consecutive national elections for Democrats because we know policy isn’t what decides elections; that’s not how most voters make decisions.

So there are no policy changes that are going to reverse the overall trajectory that this society is on right now. We have to address some of the structural barriers to progressive power in this country, and we need to take those things as seriously as we do the policy fights within the party.

Sean Illing
I definitely want to get into some of these structural barriers, but let’s be clear about this point you’re making. A lot of people still think there’s some meaningful connection between policy outcomes and voter decisions, but there’s a good bit of political science research to suggest that’s just a fantasy.

David Faris
Right. People just don’t seem to make the connection between policies and the party in power.

So, for example, the Democrats passed Obamacare and gave millions of people heath care, and yet tons of people who benefited from it have no idea what it is or how they benefited. And it’s like that with a lot of policies — voters simply don’t connect the dots, and so they reward or punish the wrong party.

I think the idea that we’re going to deliver these benefits to people and they’re going to be like, “Thank you Jesus, thank you for everything that you’ve done, let me return you with a larger majority next time,” is just nonsense. It’s the wrong way to think about politics.

That doesn’t mean we shouldn’t do things for people, but we’ve got to be serious about how elections are won. And they’re not being won on the basis of policy proposals or policy wins.

Sean Illing
In the book, you say that Democrats are engaged in “policy fights” and Republicans are waging a “procedural war.” What does that mean?

David Faris
The Constitution is a shockingly short document, and it turns out that it’s extremely vague on some key procedures that we rely on to help government function at a basic level. For the government to work, cooperation between parties is needed. But when that cooperation is withdrawn, it creates chaos.

Since the ’90s, when Newt Gingrich took over Congress, we’ve seen a one-sided escalation in which Republicans exploit the vagueness or lack of clarity in the Constitution in order to press their advantage in a variety of arenas — from voter ID laws to gerrymandering to behavioral norms in the Congress and Senate.

Sean Illing
What the Republicans did to Merrick Garland was one of the most egregious examples I’ve ever seen.

David Faris
Right. They essentially stole a seat on the Supreme Court — a swing seat, no less. But they correctly argued that they had no clear constitutional obligation to consider the president’s nominee for the seat. They didn’t violate the Constitution. They violated the spirit of the Constitution. They violated the norms that have allowed these institutions to function normally for years and years.

This is the sort of maneuvering and procedural warfare I’m talking about, and the Republicans have been escalating it for two decades. And they’ve managed to entrench their power through these dubious procedures.

The result is that the structural environment is biased against Democrats and the Republicans have engineered it that way.
 

MadDAsHell

(2,067 posts)
20. The ACA is a bad example of the point it's trying to make.
Sat Oct 6, 2018, 12:26 AM
Oct 2018

It didn’t give anyone healthcare. It gave many people INSURANCE that didn’t have it before, but in reality for the vast majority of people, healthcare is more expensive (and this less accessible) than it’s ever been.

I’m one of those people. When you pay $7,000 in premiums followed by a $7,000 deductible, that’s not healthcare.

Response to kentuck (Original post)

Azathoth

(4,611 posts)
23. I've been saying this for awhile
Sat Oct 6, 2018, 12:31 AM
Oct 2018

McConnell going nuclear on the filibuster for SCOTUS nominees opened the door. Republicans are tossing out norms, so let's toss them all out.

Pack the court. The Republicans will scream and clutch their pearls, then will do the exact same thing when they regain power. Then we'll do the same thing again. Eventually, after the court ends up with dozens of justices, both sides will have to agree to a term limit amendment, and in the meantime, the court will be forced to issue only broad consensus decisions.

hardluck

(640 posts)
24. Let's just make every person over the age of 18 a Supreme Court Justice
Sat Oct 6, 2018, 12:39 AM
Oct 2018

Then we don't have to worry about the repubs raising the number when they get in power. We could have the cases be like reality tv and text our opinion like in America's Got Talent. Maybe we can get Appellant and Respondent to do a little routine. Ratings gold...

 

shanny

(6,709 posts)
28. yes it would be dreadful to do anything
Sat Oct 6, 2018, 10:20 AM
Oct 2018

lest we upset the pukes and they retaliate.

fwiw, they ALREADY packed the Court.

greymattermom

(5,754 posts)
26. So how many Catholics are there on the court?
Sat Oct 6, 2018, 10:16 AM
Oct 2018

And how many are opus dei? This will keep pedophile priests out of jail, will make abortion murder, perhaps with the death penalty for women, and then what???

MineralMan

(146,324 posts)
29. Do let's wait until we have Democratic control of Congress and
Sat Oct 6, 2018, 10:22 AM
Oct 2018

a Democratic President, OK? Then it might be time. Right now, it's most definitely not the right time.

Response to kentuck (Original post)

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