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Biden today announced the creation of a commission to study expanding the number of Supreme Court Justices. Will sane Democrats oppose this?
Anon. - The way in which the Republicans blocked Merrick Garland's nomination wasn't unconstitutional because the Republicans controlled the Senate at the time. Yes, it was a power move, but it was a move that was within boundaries set by the rules of the Senate. Packing the Court goes further because it changes the rules...FDR was fortunately opposed by even many in his own Party when he tried it in the 1930's...
7 Answers
- Jeff DLv 72 weeks agoFavourite answer
It seems like only a few years ago Biden was denouncing proposals to expand the Supreme Court as a power grab.
Is there _any_ issue that Biden hasn't flip-flopped on?
- Anonymous2 weeks ago
Commission is not a crazy idea. There may be arguments against expanding the court but that's not necessarily crazy option either. Certainly the Supreme Court needs reform. There's a number of big problems with it, particularly as political gridlock in the elected branches of Washington have raised the importance of the Supreme Court for setting policy. In recent years a lot of major pieces of policy, such as legalizing gay marriage, restricting voting rights, Etc have come from the court rather than from Congress. There's a couple of arguments in favor of expanding the current Court. In comparison to other courts, US Supreme Court is rather small. This means that the individual idiosyncrasies of the justices can make a huge difference on the court. It also means that any given vacancy has a lot of potential impact on the court. Replacing just a single Justice could Mark a massive shift in the jurisprudence of the Court. A larger Court would potentially be less controversial since decisions would less often come down to a single member and would perhaps provide more opportunity for differing alliances rather than a simple conservative wing and a liberal wing. The other argument is more democratic, in the small D sense. Over the years the Supreme Court has become much less representative of the will of the people. Every Supreme Court Justice kept for Clarence Thomas has been appointed since 1992. And since 92, the Democrats have won the popular vote every single election except for 2004. This says that a majority of the members of the Court should be appointed by democratic presidents. And yet, the current Court makeup has six justices appointed by Republicans and only three appointed by democrats. That's out of all wack with how the American people have voted. In particular, there's a huge problem in that Republicans essentially stole a appointment from Barack Obama when they refused to even consider any nominee to fill the seat of deceased Justice Antonin Scalia. Their justification at the time, which was completely invented, was that it wouldn't be right for a president to appoint a Supreme Court Justice in an election year. And yet, in 2020, they rushed through at Breakneck Pace in appointment to replace liberal Justice Ruth Bader Ginsburg. So this further increases the undemocratic nature of the court. Again, I'm talking in the small D sense of the word Democratic. If Republicans had lost only single presidential election in the last three decades then they should have the right to appoint the majority of justices. But it's really unfair to the American people to say that the party which they have chosen repeatedly to appoint Supreme Court Justices should not be allowed to appoint the majority of justices. Expanding the core in this particular moment would help redress that problem. For Republicans you might not like this, I would say that you should think about what you would feel if the opposite were true. What if Republicans kept winning elections and yet we're not allowed to enjoy the fruits of those victories? What if the court was majority liberal despite the American people repeatedly voting for Republican presidents? And what if one of those appointments filled by a liberal had been stolen from a conservative president? That's a situation that we face
- IvanLv 62 weeks ago
The leftys know they will need to pack the court in order to pass their agendas. Even though the scotus is supposed to be impartial, liberal left wingers will be installed in order to overturn the constitution. Same reason the left wants to turn DC into a "city state" so they can add 2 more senators to pack their side.
- 2 weeks ago
Joe Manchin is against it. He is the democrat senator from WV. Hard to say whether Biden would just use an EO or whether he would have to go through congress.
- 2 weeks ago
Why would they need to do that unless they planned on making many Unconstitutional proposals?
- ?Lv 52 weeks ago
Sure . maybe the study will find it expensive and not needed . Don't you think libs at least get something from their puppets other than Trump's failed placements .
- Anonymous2 weeks ago
I hope he does it. It would serve Republicans right for refusing to hold a hearing on Merrick Garland's SCOTUS nomination. Remember this wasn't a case where the Senate failed to confirm him. This was a case where Mitch McConnell refused to even hold a hearing on his nomination. That is blatantly unconstitutional and Democrats better damn well fight back.