Pack the court? Battles between Republicans and Democrats fuel clash over Supreme Court's future

[Yo_Mama_Been_Loggin]

WASHINGTON – Democrats facing the prospect of a Supreme Court tilted 6-3 in favor of conservative justices have a number of rejoinders to consider if they win the White House and full control of Congress next month.

Fuming at what President Donald Trump and Republicans have done since 2016 to turn the court to the right, they could fight back with legislation, Senate rules changes – even by granting statehood (and two Senate seats) to the District of Columbia or Puerto Rico.

The most tantalizing prospect: packing the court.

Not since 1869 has the number of Supreme Court justices been changed. Not since 1937 has anyone seriously tried.

But as the Senate Judiciary Committee considered Trump's nomination of federal appeals court Judge Amy Coney Barrett last week, Democratic Sen. Sheldon Whitehouse of Rhode Island issued a warning:

“Don’t think that when you have established the rule of 'because we can,' that should the shoe be on the other foot, you will have any credibility to come to us and say, 'Yeah I know you can do that, but you shouldn’t," Whitehouse said.

https://www.msn.com/en-us/news/politics/pack-the-court-battles-between-republicans-and-democrats-fuel-clash-over-supreme-court-s-future/ar-BB1ankrF?li=BB141NW3&ocid=DELLDHP

[Chainfire]

1. If we win the Trifecta of government in a few days

We need to learn to wield power to attain our ends. We have let the Republicans push us to the brink of Fascism. We need to play hard or go home, if feelings get hurt in the process all I can say to the right is tough shit. Our first step will be to balance or overbalance the court. The Republicans are about put the worst kind of boot-licking, hard core right-wing, cultist on the court and they will do it, not a year, but a few days before the court that they expect to over-rule the vote of the people.

This is our last chance to save our Representative Democracy. If we don't do it now, if we don't get the Brown Shirts off the streets, we are lost.

[idziak4ever1234]

2. The court is a wing of the Republican party.

[VarryOn]

3. How many justices would you expand to?

I say 13..but could be persuaded on 15.

Whatever it ends up being, I can envision some of the existing justices saying "to hell with it" and quitting in a huff. All the better!

If the Biden son fake scandal keeps percolating, Biden announcing his SCOTUS could take over.

[Bettie]

4. 21, to have three panels of seven justices hearing cases

in ten year rotations to the SCOTUS, from the circuit courts.

Still a lifetime appointment, but you aren't a supreme court justice for the entire time.

Also to overturn passed legislation, need a 5/2 agreement from the panel of judges assigned.

This would allow more cases to be heard and decided.

Oh and set some standards for who can be judges FFS.

[VarryOn]

5. Interesting...I've never thought about panels of justices hearing cases...

I'd be open to thinking about it.

I read recently that in Canada, federal judges must be vetted by an 8-person committee, and the PM must choose from approved candidates. I'm not up-to-speed on all the particulars, but the process is intended to reduce much of the politics.

Personally, I long for the days when no one knew who any of the justices were. But, that's not going g to happen. Therefore, we need to get the best blue judges we can get.

[Wounded Bear]

6. All of the circuit courts do that...

they tend to hear cases with 3 judge panels. If there is a serious dispute they can call the full panel of the circuit to re-hear it.

Not sure about the rotation aspect of that system and I assume it would be challenged in the courts, all the way to the USSC. The Constitution says "lifetime appointment." It doesn't say "at the same seat."

There have been some creative solutions proposed in this and it will be interesting to see what develops. Increasing the size of the court sounds like a rational option. How it gets done, well like they say: the devil is in the details.

[Bettie]

7. Congress has the right to set the rules for the courts

the only constitutional rule is that federal seats are a lifetime tenure.