How to Save Democracy From GOP Sabotage

[yuiyoshida]

There is no reason to accept the structure of our democracy when it repeatedly empowers a ruthless minority to impose its will over the majority.

I keep hearing from progressives who lament that even if Biden wins, Trump and McConnell have tilted the playing field forever.

They point to McConnell’s rush to confirm Trump’s Supreme Court nominee Amy Coney Barrett, after blocking President Obama’s nominee for 293 days because it was “too close” to the next election. And to the fact that Republicans in the Senate represent 11 million fewer Americans than their Democratic counterparts, and are still able to confirm a Supreme Court justice and entrench minority rule.

But that’s not the end of the story.

The Constitution doesn’t prevent increasing the size of the Supreme Court in order to balance it. Or creating a pool of circuit court justices to cycle in and out of it. In fact, the Constitution says nothing at all about the size of the Court.

more...
https://www.commondreams.org/views/2020/10/14/how-save-democracy-gop-sabotage

[AlexSFCA]

1. rwnj SC can simply block congress attempt to expand SC

it may “find” expansion of the court as against the separation of powers doctrine.

[unblock]

4. Not really, given that the court has been expanded in the past.

[Thekaspervote]

5. No..they can't. Congress has every right to increase or decrease the number of justices and has

Happened on 5 separate occasions in our history, and the justices have no say in it. It would make them absolutely untouchable. Kind of like the judge, jury and executioner all rolled up in one.

Laurence Tribe addressed that just recently..no I don’t have a link. If I find it again I will post it

[Turin_C3PO]

6. Congress would seat them anyway

and the Supreme Court could say nothing about it. Nothing.

[Thekaspervote]

2. This is a good article. Reminds us there's a lot of ways to change the now politicized judiciary

It calls for critical thinking out side the box. They the minority think they have us totally hoodwinked. Let them have their little pipe dream for now...January is coming

[TreasonousBastard]

3. Well, in 1789 the court was 6 members, then in 1869 it was expanded to 9. Been a while since...

any serous attempts have been made to expand it as the nation has expanded.

FDR tried, and although it was perfectly legal, that just wasn't the right time in history and was seen as rigging the court simply because he couldn't get his way. (Which it was, of course.)

It just may be time to consider expanding it if we take over the Senate.

[torius]

7. Agree. The fear that the Rs will do it too

because we did it makes little sense. Of course they would. R's have appointed most of the judges. If we ever got a majority WITHOUT expanding the number of judges, the Rs, once in power, would expand the court so fast it would make even their heads spin. I don't care if it keeps going and going. The Rs have made the SC into a corrupt joke.