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Biden needs to announce he'll pack the court if they ram a replacement (Original Post) MatthewG. Sep 2020 OP
I think Biden already said something along the line for this. Claustrum Sep 2020 #1
Good. MatthewG. Sep 2020 #3
Agree DBCooper88 Sep 2020 #2
welcome to DU gopiscrap Sep 2020 #27
Won't Work Because Republican Majority Will Find it Unconstitutional Stallion Sep 2020 #4
There is no constitutional question. The size of the supreme court is set by legislation. Statistical Sep 2020 #11
Doesn't matter. They don't need it, they'll wait until after the election Xipe Totec Sep 2020 #5
So they do it after the election. Demsrule86 Sep 2020 #9
Exactly. nt Xipe Totec Sep 2020 #10
They do it *one day* after the election. Pobeka Sep 2020 #16
We shall see if they'll ram. Talk outta both sides of their mouths SOP. sprinkleeninow Sep 2020 #6
No, he doesn't... Demsrule86 Sep 2020 #7
If they try and we can't prevent it, absolutely! mvd Sep 2020 #8
That absolutely has to happen davekriss Sep 2020 #12
He doesn't need to say a thing- and should expand SCOTUS to 15 seats regardless. Nt Fiendish Thingy Sep 2020 #13
Let's see how things go Buckeyeblue Sep 2020 #14
Millions need to march on Wash. and nationally to oppose filling this before the new Pres is seated. Liberty Belle Sep 2020 #15
Worse thing he could do. GulfCoast66 Sep 2020 #17
It would take a majority Dem Senate. MatthewG. Sep 2020 #19
This is fucking stupid JI7 Sep 2020 #18
You're wrong, and it isn't. MatthewG. Sep 2020 #20
So what's your plan when McConnell pushes through Ted Cruz or Tom Cotton? Yavin4 Sep 2020 #21
Er, I already explained this. MatthewG. Sep 2020 #22
I wasn't responding to you.n/t Yavin4 Sep 2020 #24
Gotcha. My mistake.. MatthewG. Sep 2020 #25
4 REPUBLICAN SENATORS CAN BLOCK A NEW NOMINATION KatyBR Sep 2020 #23
Well, if it's blocked... MatthewG. Sep 2020 #26
voting to impeach Trump is a lot easier hurdle for Romney than this... jcgoldie Sep 2020 #28

Claustrum

(4,845 posts)
1. I think Biden already said something along the line for this.
Fri Sep 18, 2020, 07:58 PM
Sep 2020

Something like "if they add a judge this year, he will look into expanding the court".

Statistical

(19,264 posts)
11. There is no constitutional question. The size of the supreme court is set by legislation.
Fri Sep 18, 2020, 08:03 PM
Sep 2020

Democrats would need to take the Senate and the Presidency but the Supreme Court can be expanded to any size set by legislation. 11 justices, 13 justices, 187 justices.

Xipe Totec

(43,890 posts)
5. Doesn't matter. They don't need it, they'll wait until after the election
Fri Sep 18, 2020, 08:00 PM
Sep 2020

With RBG gone they have the majority.

They know that appointing somebody before then will only enrage Democratic voters and drive them to the polls.

They'll wait.

Pobeka

(4,999 posts)
16. They do it *one day* after the election.
Fri Sep 18, 2020, 08:25 PM
Sep 2020

Then any election challenges can be brought to the full force kangeroo court.

sprinkleeninow

(20,246 posts)
6. We shall see if they'll ram. Talk outta both sides of their mouths SOP.
Fri Sep 18, 2020, 08:00 PM
Sep 2020

No SC nom or push thru the year of a GE.

Buckeyeblue

(5,499 posts)
14. Let's see how things go
Fri Sep 18, 2020, 08:11 PM
Sep 2020

I'd prefer that Biden not have to make such a pronouncement unless necessary.

It seems as if it would be difficult to get nominations announced, hearings held, and a final vote completed before the election.

It could be that a few senators shut this down.

Liberty Belle

(9,535 posts)
15. Millions need to march on Wash. and nationally to oppose filling this before the new Pres is seated.
Fri Sep 18, 2020, 08:15 PM
Sep 2020

We need 24 hour vigils around the White House and Supreme Court, with prayers for someone who will protect vulnerable women as RBG always did. Fill every prime time news show with stories of people standing up for women's rights and against the hypocrisy of any GOP nomination until after after a new president is inaugurated.

Do Democrats have any way to filibuster or use any procedures to slow this down or block?

How many Senators have to get COVID and miss session to stop this from happening?

GulfCoast66

(11,949 posts)
17. Worse thing he could do.
Fri Sep 18, 2020, 08:30 PM
Sep 2020

First, he does not have the power.

Even if we eliminate the filibuster, which I’m not sure we have the votes for even with a 51-49 majority, I’m still not sure we could get 50 votes. And it would have to happen early in the Senate session when they pass the rules.

MatthewG.

(362 posts)
19. It would take a majority Dem Senate.
Fri Sep 18, 2020, 09:05 PM
Sep 2020

I agree, it would take a majority Democratic Senate, and some degree of real will.

Doesn’t mean it can’t be done.

MatthewG.

(362 posts)
20. You're wrong, and it isn't.
Fri Sep 18, 2020, 09:06 PM
Sep 2020

No, actually it isn’t.

It would take a Democratic Senate and some degree of political will, but stupid it’s not.

If you’re not willing to play hardballs once in a while, you’ll be smashed by those who are. Democrats should play more hardballs.

Yavin4

(35,438 posts)
21. So what's your plan when McConnell pushes through Ted Cruz or Tom Cotton?
Fri Sep 18, 2020, 09:15 PM
Sep 2020

What are you going to do then?

MatthewG.

(362 posts)
22. Er, I already explained this.
Fri Sep 18, 2020, 09:33 PM
Sep 2020

To repeat my OP :

Biden should announce if a pick is rammed through he will pack the court, that is, increase its size and put more Democrats on it.

If McConell pushes Cotton or Cruz through and Biden gets in with a majority Senate, he should increase the Court’s size and put more Democrats on it.

If Biden wins and doesn’t get a majority Senate, he should announce he will pack the Court in 2022 if he gets a Senate majority.

This should become standard Democratic Party line, and basically all our candidates should be saying they will do this when they can if they get a majority Senate.

KatyBR

(183 posts)
23. 4 REPUBLICAN SENATORS CAN BLOCK A NEW NOMINATION
Fri Sep 18, 2020, 09:36 PM
Sep 2020

It's not a shoe in that McConnell can get a nomination through. This is an election and there are many vulnerable republicans and 1- Romney who even voted to impeach Trump. That means back to standard 3 - Collins, Murkowski and ...? Grassley maybe.

MatthewG.

(362 posts)
26. Well, if it's blocked...
Fri Sep 18, 2020, 09:47 PM
Sep 2020

Well, if a nomination gets blocked and Biden gets in, as per my OP he can say “No need to expand the court now, as the GOP played ball.”

jcgoldie

(11,631 posts)
28. voting to impeach Trump is a lot easier hurdle for Romney than this...
Mon Sep 21, 2020, 12:40 PM
Sep 2020

He will face a lot of pressure from Mormons who already disliked Trump but will see this as their shot at Roe.

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