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TheFarseer

(9,787 posts)
Sun Oct 25, 2020, 03:36 PM Oct 2020

Idea for the Supreme Court

Every President gets to place two justices. One in the first and one in the third year. If the new justice would make a total of more than nine justices, then the longest serving justice must retire. That would end this stupid game of trying to place more justices in your four years than the next or last president gets to place.

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Idea for the Supreme Court (Original Post) TheFarseer Oct 2020 OP
What if more than two die or retire during that time? The Velveteen Ocelot Oct 2020 #1
Good question. How do you steer a meteor? Asking for a friend. ResistantAmerican17 Oct 2020 #3
I'd point it at a different DC building. The Velveteen Ocelot Oct 2020 #4
I thought if one died TheFarseer Oct 2020 #11
Does the senate get no say? unblock Oct 2020 #2
Right now, there is no purpose in giving the Senate a say...the pugs will vote for Demsrule86 Oct 2020 #9
I agree mcturtle broke something that had been working for over two centuries. unblock Oct 2020 #15
That is what it is now...an appointed post. The issue is when you don't have the presidency, Demsrule86 Oct 2020 #18
This would not effect the Senate approval process TheFarseer Oct 2020 #12
Then a partisan opposition senate can still say no the entire term unblock Oct 2020 #13
They could do that now if they wanted TheFarseer Oct 2020 #16
Then we have no one on the court...they won't give us judges, they get nothing. Demsrule86 Oct 2020 #19
Yes. Mcturtle broke something that worked reasonably well for ages. unblock Oct 2020 #21
sounds somewhat familiar Sherman A1 Oct 2020 #5
No, we put four justices on the court immediately so as to save Roe, health care and Demsrule86 Oct 2020 #6
I'm for a large expansion so 1 death isn't this loony partisan BS Level 12 ever again? Brainfodder Oct 2020 #7
+1 n/t Laelth Oct 2020 #10
I agree...add four...the country is much bigger now. Demsrule86 Oct 2020 #20
No, thank you. Laelth Oct 2020 #8
Another proposal for Constitutional amendment... Wounded Bear Oct 2020 #14
Yes, would require an Amendment TheFarseer Oct 2020 #17

The Velveteen Ocelot

(131,062 posts)
1. What if more than two die or retire during that time?
Sun Oct 25, 2020, 03:38 PM
Oct 2020

What if a meteor crashes into the Supreme Court building and takes out all of them at once?

TheFarseer

(9,787 posts)
11. I thought if one died
Sun Oct 25, 2020, 03:50 PM
Oct 2020

And there were only 8 left, then they could either make their second nomination sooner or if that doesn’t apply, the most recently retired justice could return to the court until it’s time to pick another justice.

unblock

(56,240 posts)
2. Does the senate get no say?
Sun Oct 25, 2020, 03:40 PM
Oct 2020

As long as the senate gets a say, how do you prevent them from refusing to agree to anything? They don't need to be as blatant as mcturtle. They can hold hearings and always find some excuse to say no and run out the clock.

If the president can appoint with zero oversight from congress, that leads to other, probably worse, problems.

Demsrule86

(71,553 posts)
9. Right now, there is no purpose in giving the Senate a say...the pugs will vote for
Sun Oct 25, 2020, 03:46 PM
Oct 2020

whoever, their president wants and will refuse to vote for out candidates. No, one gets judges without having the senate...McConnell also blocked all lower court justices for two years ...after winning the Senate.

unblock

(56,240 posts)
15. I agree mcturtle broke something that had been working for over two centuries.
Sun Oct 25, 2020, 03:58 PM
Oct 2020

But I don't think making it a purely appointed position is a good solution. Donnie would have appointed his kids.

Demsrule86

(71,553 posts)
18. That is what it is now...an appointed post. The issue is when you don't have the presidency,
Sun Oct 25, 2020, 04:14 PM
Oct 2020

you can't get judges...not what the framers intended. But what can we do about it? We can't give them judges if they are going to screw us...terrible thing. McConnell will go down as the worst majority leader in history. Add four justices and let's get policy through end the filibuster.

TheFarseer

(9,787 posts)
12. This would not effect the Senate approval process
Sun Oct 25, 2020, 03:53 PM
Oct 2020

They would still have to get Senate approval.

TheFarseer

(9,787 posts)
16. They could do that now if they wanted
Sun Oct 25, 2020, 04:07 PM
Oct 2020

Not sure how you stop it either. If we get a lot of Presidents from one party and the other party has the Senate in the future, we’ll be lucky to have ANYONE on the court!

Demsrule86

(71,553 posts)
19. Then we have no one on the court...they won't give us judges, they get nothing.
Sun Oct 25, 2020, 04:15 PM
Oct 2020

They broke it. We need to add four justices and pass our policy. Fuck the Republicans. And if you think they would not do this if they could, you would be wrong.

unblock

(56,240 posts)
21. Yes. Mcturtle broke something that worked reasonably well for ages.
Sun Oct 25, 2020, 04:19 PM
Oct 2020

The senate and the president negotiated and somehow we ended up with confirmations even with opposing parties.

Mcturtle broke that tradition and it's not clear what will happen next time there's a vacancy with opposing powers in those positions. Well it's pretty obvious what a Republican senate would do, less clear what a democratic senate would do.

Not sure how to solve it. Sometimes, institutions and rules are only as good as the people in the relevant roles.

Demsrule86

(71,553 posts)
6. No, we put four justices on the court immediately so as to save Roe, health care and
Sun Oct 25, 2020, 03:44 PM
Oct 2020

the end of slavery...which our newest justice apparently thinks wasn't correctly decided.

Laelth

(32,017 posts)
8. No, thank you.
Sun Oct 25, 2020, 03:45 PM
Oct 2020

They get more liberal as they get older—Clarence Thomas being a notable exception. I don’t want to kick the eldest off the bench.

-Laelth

TheFarseer

(9,787 posts)
17. Yes, would require an Amendment
Sun Oct 25, 2020, 04:09 PM
Oct 2020

But I’m just throwing out ideas to see what people think.

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