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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsCan the supreme court overrule the expansion of the supreme court?
I ask only because -if it is possible, I anticipate they will try it.
roamer65
(36,739 posts)dalton99a
(81,062 posts)jorgevlorgan
(8,227 posts)And because it is written clear as day in the constitution, that cannot be changed unless the constitution is changed. Right?
regnaD kciN
(26,035 posts)...because, if they rule in that way, even if it lacks any shred of a foundation, to which higher court are you going to appeal a SCOTUS decision?
jorgevlorgan
(8,227 posts)At this point the court would have easily lost all integrity, and our democracy will officially be toast.
Sucha NastyWoman
(2,725 posts)regnaD kciN
(26,035 posts)...in practice, anything a majority of the Supreme Court declares to be the law becomes the law, at least until a new Court overturns it.
But I think we have to be worrying about being able to expand the SCOTUS before worrying about that. And that includes:
1) Electing Biden as President.
2) Electing a Democratic majority in the Senate.
3) Electing enough of a Democratic "cushion" in the Senate beyond a bare majority, to counteract those DINOs like Manchin who will be sure to vote against such a move as "radical."
4) Getting Biden himself on-board.
I'd say of those four, #3 is going to be the hardest.
jorgevlorgan
(8,227 posts)You could do as early as tomorrow if you want
https://joebiden.com/make-calls-for-joe/
That would be the first step, anyways.
Also, FWIW Biden has declared he will be trying to expand the Supreme Court if the Senate moves forward with a nominee.
qazplm135
(7,447 posts)Because congress changed it. It was originally 6.
Pretty clear precedent there.