Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

Polybius

(15,373 posts)
Sun Oct 11, 2020, 01:16 PM Oct 2020

Even if we win the Senate and presidency, do we have the votes to add SC Justices?

I think we'll likely have 51-53 Senators, but adding Justices is too historical to automatically assume that every single on of them will vote yes. I'd say there are at least 5 or so "No" votes from Democrats, and no Republicans will vote for it. Manchin is not voting for this, and Feinstein is on record as late as September 22nd as opposing it.

What do you think of the chances? Will we have to wait until 2022, assuming we pickup more Senate seats (a huge assumption in itself)? Will it be easier than I think, or are the chances grim?

29 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
Even if we win the Senate and presidency, do we have the votes to add SC Justices? (Original Post) Polybius Oct 2020 OP
The case needs that needs to be brought up is vercetti2021 Oct 2020 #1
Even if we survive the horror show about to unfold, we will not be able to Eliot Rosewater Oct 2020 #2
A lot depends on the wheeling and dealing done behind closed doors Sherman A1 Oct 2020 #3
We will if we kill the filibuster and hold Dems feet to the fire Fiendish Thingy Oct 2020 #4
That is the key, removing the filibuster. I believe we will have to do that in order to make still_one Oct 2020 #5
It's almost certain to be her last term anyway Polybius Oct 2020 #8
Well, if we get to 53 seats, we won't need her or Manchin, just leadership that can whip votes nt Fiendish Thingy Oct 2020 #20
Mitch ended the filibuster for SCOTUS and judges already. Demsrule86 Oct 2020 #15
Actually it was Harry Reid who first used the "nuclear option". Nt Fiendish Thingy Oct 2020 #19
Not for SCOTUS Midnight Writer Oct 2020 #22
But not for SCOTUS...McConnel did this. Demsrule86 Oct 2020 #23
Any Democrat who does not vote in favor of a legitimate SC pick by Biden.... ProudMNDemocrat Oct 2020 #6
Impeach boof boy, thomas & this fking idiot they are ramming through SheltieLover Oct 2020 #7
That's 100 times harder than expansion (which only requires 50 votes without a filibuster) Polybius Oct 2020 #9
Crap SheltieLover Oct 2020 #12
What 10 to 15 Republicans will vote for that? Statistical Oct 2020 #11
Do we have the votes? I don't know. Statistical Oct 2020 #10
And its not just the SC that needs to be expanded. District Courts need to be expanded KPN Oct 2020 #14
That is enough seats to add justices to the Senate. The filibuster for SCOTUS is gone. Demsrule86 Oct 2020 #13
In principle it's enough Polybius Oct 2020 #16
Anyone that votes no faces a primary. We have to send help to the people and Demsrule86 Oct 2020 #24
We don't know how many seats we win jorgevlorgan Oct 2020 #17
I wish we could just impeach and remove Kav from the bench FM123 Oct 2020 #18
Not going to happen. You'd need a dozen or so Republicans to vote for it. Dial H For Hero Oct 2020 #21
Biden is not going to increase the size of the S.C., this is a dead issue Tarc Oct 2020 #25
It's a test, we will need to same to save ACA and for DC and PR statehood... JCMach1 Oct 2020 #26
I had my doubts, but Joe Manchin is officially against it Polybius Oct 2020 #27
Good god people. Even FDR almost sank himself over this. GulfCoast66 Oct 2020 #28
what a nice problem that would be 0rganism Oct 2020 #29

vercetti2021

(10,156 posts)
1. The case needs that needs to be brought up is
Sun Oct 11, 2020, 01:20 PM
Oct 2020

That During 2015 til 2017. The Repuke senate refused to seat any of Obama's rightful court nominations. They need to say they denied judge to their rightful places and thus the case of restoring the courts is a must from the GOP stacking from obstruction.

Eliot Rosewater

(31,109 posts)
2. Even if we survive the horror show about to unfold, we will not be able to
Sun Oct 11, 2020, 01:20 PM
Oct 2020

stop FASCIST KILLERS from deciding cases in the future.

Because people said "I just cant trust her" or "I will have to hold my nose"

(excuse me for a second )

We will have Women DYING in back alleys, LGBTQ lives DESTROYED and more.


Oh and ACA will be gone...do people understand ALL HEALTH INSURANCE other than Medicare and Medicaid and Veterans is ACA?

sigh

Sherman A1

(38,958 posts)
3. A lot depends on the wheeling and dealing done behind closed doors
Sun Oct 11, 2020, 01:21 PM
Oct 2020

It may take awhile but the court has been at the same number of justices since the late 1800s. We have added a great number of states and population since that time. It only makes sense to expand the court seats to represent the changes that have occurred in this country.

Fiendish Thingy

(15,568 posts)
4. We will if we kill the filibuster and hold Dems feet to the fire
Sun Oct 11, 2020, 01:23 PM
Oct 2020

If Feinstein votes against SCOTUS expansion, this should be her last term- she should be primaried by Katie Porter in 2022.

If you haven’t already, put your legislators on speed dial.

still_one

(92,116 posts)
5. That is the key, removing the filibuster. I believe we will have to do that in order to make
Sun Oct 11, 2020, 01:29 PM
Oct 2020

Washington DC a state

Polybius

(15,373 posts)
8. It's almost certain to be her last term anyway
Sun Oct 11, 2020, 01:33 PM
Oct 2020

She's 87 now, and not up for re-election until 2024 (not 2022 like you said), when she'll be 91.

Demsrule86

(68,539 posts)
23. But not for SCOTUS...McConnel did this.
Sun Oct 11, 2020, 07:44 PM
Oct 2020

"This is how the Senate changes — not with a bang, but with a motion to overturn the ruling of the chair.

By a simple majority vote, Majority Leader Mitch McConnell, R-Ky., set a new precedent in the Senate that will ease the confirmation for President Trump's Supreme Court nominee Neil Gorsuch on Friday, after 30 more hours of debate on the floor.

"This will be the first, and last, partisan filibuster of a Supreme Court justice," said McConnell in a closing
confirmation floor speech."

https://www.npr.org/2017/04/06/522847700/senate-pulls-nuclear-trigger-to-ease-gorsuch-

ProudMNDemocrat

(16,783 posts)
6. Any Democrat who does not vote in favor of a legitimate SC pick by Biden....
Sun Oct 11, 2020, 01:31 PM
Oct 2020

to replace a SC Justice either who has died or retired, will be primaried for sure when their term ends.

SheltieLover

(57,073 posts)
7. Impeach boof boy, thomas & this fking idiot they are ramming through
Sun Oct 11, 2020, 01:33 PM
Oct 2020

So may not need to expand.

Also, impeach all the others deemed unqualified.

Polybius

(15,373 posts)
9. That's 100 times harder than expansion (which only requires 50 votes without a filibuster)
Sun Oct 11, 2020, 01:35 PM
Oct 2020

Impeachment and removal would require 67 votes.

Statistical

(19,264 posts)
10. Do we have the votes? I don't know.
Sun Oct 11, 2020, 01:35 PM
Oct 2020

One thing is sure is that not trying is a guaranteed loss.

Mitch didn't just block Garland he blocked over 100 Federal judges as well. Some of them he blocked for 4+ years. A recent Trump appointee in Texas is who issued a stay on the ballot boxes. That seat was vacant until 2013. Twenty friggin thirteen.

If we don't expand the court then it will remain dark red for 30+ years.

KPN

(15,642 posts)
14. And its not just the SC that needs to be expanded. District Courts need to be expanded
Sun Oct 11, 2020, 01:48 PM
Oct 2020

in order to unpack what the minority party has been doing the past 10 years (obstructing for 6 packing for 4) at that level as well. Pay for the expansion via wealth taxes -- hit em where it hurts, and hard!

Demsrule86

(68,539 posts)
13. That is enough seats to add justices to the Senate. The filibuster for SCOTUS is gone.
Sun Oct 11, 2020, 01:47 PM
Oct 2020

And we will end the filibuster for policy as soon as take over. Teach Mitch and the GOP a lesson and save the Republic at the same time.

Polybius

(15,373 posts)
16. In principle it's enough
Sun Oct 11, 2020, 01:55 PM
Oct 2020

But of our 53 seats or so that we'll have, I see at least a few voting no.

Demsrule86

(68,539 posts)
24. Anyone that votes no faces a primary. We have to send help to the people and
Sun Oct 11, 2020, 07:46 PM
Oct 2020

a GOP packed 6=3 court won't work.

jorgevlorgan

(8,286 posts)
17. We don't know how many seats we win
Sun Oct 11, 2020, 02:01 PM
Oct 2020

We might not even take the Senate. We could win well over 60. This isn't something to actually seriously consider until after the election.

FM123

(10,053 posts)
18. I wish we could just impeach and remove Kav from the bench
Sun Oct 11, 2020, 02:02 PM
Oct 2020

and replace him with someone fantastic like Leondra Kruger or Ketanji Brown Jackson.....

Tarc

(10,476 posts)
25. Biden is not going to increase the size of the S.C., this is a dead issue
Sun Oct 11, 2020, 08:18 PM
Oct 2020

Let this be a lesson to every dirtbag Jill Stein-bot and every Susan Sarandon humper;

Amy Barrett is on their hands.

GulfCoast66

(11,949 posts)
28. Good god people. Even FDR almost sank himself over this.
Tue Oct 13, 2020, 12:14 AM
Oct 2020

It’s not happening.

Let’s first win the senate then get wrapped up in this kind of debate. Oh, and the White House as well.

Because we have won jack-shit yet. Don’t lose the plot at the last hour.

0rganism

(23,937 posts)
29. what a nice problem that would be
Tue Oct 13, 2020, 12:22 AM
Oct 2020

i truly hope we have the opportunity to explore the issue in a less hypothetical manner come 2021

Latest Discussions»General Discussion»Even if we win the Senate...