to adding the total number of judges in a circuit to create a majority. Roosevelt either threatened to do it, or did it. I know he threatened the uber conservative scotus with court stacking when they blocked him every chance they got. To "stack" the court, Roosevelt would have had to add a few new judicial positions then appoint Democrats to fill them. If he had 5 Republicans and 4 Dems on the Supreme Court, he would have had to create 2 new positions and appoint Dems to fill them. That would have given us an eleven judge scotus and Roosevelt a 65 Republican 6 Democrat bench.
With the D.C. Circuit, it is an eleven judge circuit. Currently there are four repubs and four Dems The Repubs don't want to have a Dem majority, so they have filibustered everything that has come along. All Obama is doing is filling the three vacancies that exist. Also known as doing what he is Constitutionally required to do.
So no, Obama doesn't need to "stack" the court. He needs to use his Constitutionally granted powers to fill the remaining three spots with liberals. And then tell the Republicans and baggers to suck it!
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