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Progressive2020

(713 posts)
Sat Nov 14, 2020, 01:21 PM Nov 2020

Supreme Court

The Repubs expect us to try to pack the Supreme Court. That would be a mistake, because the next Repub Admin would just do the same. The solution is to put a 10 year term limit on Justices. The same Justice could be appointed for multiple terms. This means that the Supreme Court would more closely reflect the will of the American people when they elect the President, who would appoint or re-appoint Justices. What do you think?

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Supreme Court (Original Post) Progressive2020 Nov 2020 OP
this llashram Nov 2020 #1
How about scotus by natioinal public election every 4 years SheltieLover Nov 2020 #2
Maybe Progressive2020 Nov 2020 #5
Senate confirmation is the operative SheltieLover Nov 2020 #8
Pack? They did the packing, we would be levelling. And no, your idea means Eliot Rosewater Nov 2020 #3
This. nt Atticus Nov 2020 #10
Ii is a mistake to not do something with the Alpeduez21 Nov 2020 #4
We have one Democratic Senator who said no jimfields33 Nov 2020 #16
And that's only if we win both GA Senate seats Polybius Nov 2020 #23
Accurate point for sure jimfields33 Nov 2020 #25
In the constitution aren't justices appointed for life? icwlmuscyia Nov 2020 #6
SCOTUS term limits would require a Constitutional amendment DonaldsRump Nov 2020 #7
We're way past the point of thinking Republican will observe any norms. unblock Nov 2020 #9
Scotus rso Nov 2020 #11
It would also keep the justices closer to the age of the general population. Binkie The Clown Nov 2020 #12
There is a big difference between packing the courts and Bev54 Nov 2020 #13
The GOP has already packed the court. iemitsu Nov 2020 #14
There is a big difference between packing the courts and Bev54 Nov 2020 #15
This message was self-deleted by its author NoRoadUntravelled Nov 2020 #17
That would take a Constitutional amendment StarfishSaver Nov 2020 #18
There are 13 circuit courts. I think having 13 Supremes is reasonable. The 13 circuits are a Ninga Nov 2020 #19
They need to act ruthlessly and ignore the howls from the NYT and WAPO. BlueNProud Nov 2020 #20
Appoint number of justices equal to number of courts MyMission Nov 2020 #21
There will be no attempt at expanding the Supreme Court, at least until after 2022 Polybius Nov 2020 #22
We will be in a worse position in 2022 LostOne4Ever Nov 2020 #24
It would be far more than "changing his mind" if he reversed positions Polybius Nov 2020 #27
Maybe if SCotUS made a particularly bad decision LostOne4Ever Nov 2020 #28
You have a lot more hope than I do Polybius Nov 2020 #29
Actually my hope is pretty minimal LostOne4Ever Nov 2020 #30
That would require a constitutional amendment. Statistical Nov 2020 #26

Progressive2020

(713 posts)
5. Maybe
Sat Nov 14, 2020, 01:27 PM
Nov 2020

Maybe, but I think that four year terms are too short and I don't like the idea of Justices running campaigns. A ten year appointment by a sitting President, confirmed by the Senate, is close enough to our current system. It would be the same but Justices would not be appointed for life.

SheltieLover

(57,073 posts)
8. Senate confirmation is the operative
Sat Nov 14, 2020, 01:30 PM
Nov 2020

Has not played well for us in recent years.

Senate seats need to be reapportioned imo.

Eliot Rosewater

(31,106 posts)
3. Pack? They did the packing, we would be levelling. And no, your idea means
Sat Nov 14, 2020, 01:25 PM
Nov 2020

horrific damage to Women's rights, healthcare rights, LGBTQ rights and worker's rights.

We level the court the instant we get the chance.

Alpeduez21

(1,749 posts)
4. Ii is a mistake to not do something with the
Sat Nov 14, 2020, 01:27 PM
Nov 2020

justification that repukes will do it to or worse. Have you seen what these people do? It doesn't matter what we do. Repukes will always, always lower the bar. Don't worry that repukes will retaliate if the Democrats do something. They already hate us.

I say pack the crap out of the courts. If there are 29 justices then the retirement or death of one or two every few years would not be that dramatic. Plus, give them 18 year one time terms.

icwlmuscyia

(296 posts)
6. In the constitution aren't justices appointed for life?
Sat Nov 14, 2020, 01:28 PM
Nov 2020

So it feels unconstitutional.

Changing the constitution on this one would be hard. Maybe not impossible but really hard. I'd suggest another approach.

unblock

(52,115 posts)
9. We're way past the point of thinking Republican will observe any norms.
Sat Nov 14, 2020, 01:32 PM
Nov 2020

Republicans smashed norms to pack the court as it is.
Any fix we put in for the Supreme Court, they will reverse when they get the chance.

All we can do is repair the damage and try to fix the brainwashing that makes them think and act in such a destructive, partisan fashion.

If we put term limits in, they could easily reverse that. Or pack the courts themselves. Or come up with anothe way to rig the system in their favor.

It's what they do, and will continue to do, until they are taught they need to give up that crap.


Bringing the court up to 15 members seems like the simplest and most practical solution.

Yes, if they get control of congress abs the presidency, they can up it to 25, but they wouldn't like that for other reasons, so it seems like the best solution. Not that anything is a good, permanent fix...

rso

(2,267 posts)
11. Scotus
Sat Nov 14, 2020, 01:38 PM
Nov 2020

Before any of these options are even considered, we need to place a gargantuan effort into winning the two Georgia seats. Otherwise, none of these options are viable.

Binkie The Clown

(7,911 posts)
12. It would also keep the justices closer to the age of the general population.
Sat Nov 14, 2020, 01:38 PM
Nov 2020

Instead of ending up a bunch of geriatric fossils of a bygone era.

Bev54

(10,037 posts)
13. There is a big difference between packing the courts and
Sat Nov 14, 2020, 01:38 PM
Nov 2020

restoring the courts. New Justices need to be added to restore the courts and it is time for it to be expanded anyway. This whole conversation will be moot if the dems do not win the senate so that is the first fight, the next fight will be statehood for DC and PR to add more senators so the dems do not have to rely on the likes of Joe Manchin to get things done. The court needs stability and term limits do not give them that. Instead nominations should be made to require certain standards and totally non- partisan.

Bev54

(10,037 posts)
15. There is a big difference between packing the courts and
Sat Nov 14, 2020, 01:40 PM
Nov 2020

restoring the courts. New Justices need to be added to restore the courts and it is time for it to be expanded anyway. This whole conversation will be moot if the dems do not win the senate so that is the first fight, the next fight will be statehood for DC and PR to add more senators so the dems do not have to rely on the likes of Joe Manchin to get things done. The court needs stability and term limits do not give them that. Instead nominations should be made to require certain standards and totally non- partisan.

Response to Progressive2020 (Original post)

Ninga

(8,272 posts)
19. There are 13 circuit courts. I think having 13 Supremes is reasonable. The 13 circuits are a
Sat Nov 14, 2020, 02:01 PM
Nov 2020

reflection of our growing population.

I say 13 Supreme Court Justices are more than warranted.

MyMission

(1,849 posts)
21. Appoint number of justices equal to number of courts
Sat Nov 14, 2020, 02:20 PM
Nov 2020

I've heard this idea mentioned, and the number 13. Others have said we need more circuits, and that would give Biden the chance to appoint even more federal judges and justices.

I copied the following from google.
"There are 13 appellate courts that sit below the U.S. Supreme Court, and they are called the U.S. Courts of Appeals. The 94 federal judicial districts are organized into 12 regional circuits, each of which has a court of appeals."

And this is from the supreme Court website. Needs to be updated, wonder if Roberts is working on a complete reassignment? Looks like they could use more justices on scotus. Some seem to oversee a lot more than others.

Circuit Assignments
It is ordered that the following allotment be made of The Chief Justice and the Associate Justices of this Court among the circuits, pursuant to Title 28, United States Code, Section 42 and that such allotment be entered of record, effective October 19, 2018.

For the District of Columbia Circuit - John G. Roberts, Jr., Chief Justice

For the First Circuit - Stephen Breyer, Associate Justice
(Maine, Massachusetts, New Hampshire, Puerto Rico, Rhode Island)

For the Second Circuit - Ruth Bader Ginsburg, Associate Justice
(Connecticut, New York, Vermont)

For the Third Circuit - Samuel A. Alito, Jr., Associate Justice
(Delaware, New Jersey, Pennsylvania, Virgin Island)

For the Fourth Circuit - John G. Roberts, Jr., Chief Justice
(Maryland, North Carolina, South Carolina, West Virginia, Virginia)

For the Fifth Circuit - Samuel A. Alito, Jr., Associate Justice
(Louisiana, Mississippi, Texas)

For the Sixth Circuit - Sonia Sotomayor, Associate Justice
(Kentucky, Michigan, Ohio, Tennessee)

For the Seventh Circuit - Brett M. Kavanaugh, Associate Justice
(Illinois, Indiana, Wisconsin)

For the Eighth Circuit - Neil M. Gorsuch, Associate Justice
(Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, South Dakota)

For the Ninth Circuit - Elena Kagan, Associate Justice
(Alaska, Arizona, California, Guam, Hawaii, Idaho, Oregon, Montana, Nevada, Northern Mariana Islands, Washington)

For the Tenth Circuit - Sonia Sotomayor, Associate Justice
(Colorado, Kansas, New Mexico, Oklahoma, Utah, Wyoming)

For the Eleventh Circuit - Clarence Thomas, Associate Justice
(Alabama, Florida, Georgia)

For the Federal Circuit - John G. Roberts, Jr., Chief Justice.

Polybius

(15,331 posts)
22. There will be no attempt at expanding the Supreme Court, at least until after 2022
Sat Nov 14, 2020, 02:29 PM
Nov 2020

Even if we win both GA Senate races, that only puts us at 50-50. Joe Manchin said under no circumstances will he vote to expand. It's over, for now at least.

LostOne4Ever

(9,286 posts)
24. We will be in a worse position in 2022
Sat Nov 14, 2020, 03:12 PM
Nov 2020

Usually the party who wins the presidency has massive losses the following mid-terms.

Further, the Democratic Party tends to not come out to the same degree when the presidency isn’t on the line.

Most realistically, we would have to wait till 2024.

I am sure Joe Manchin can and has changed his mind before. I think trying to convince him is our best bet.

Of course trying that only applies IF WE GET THE TWO SEATS IN GEORGIA!!! Otherwise what Joe Manchin thinks is moot.

But I refuse to stop hoping as long as it is possible.

Polybius

(15,331 posts)
27. It would be far more than "changing his mind" if he reversed positions
Sat Nov 14, 2020, 03:45 PM
Nov 2020

He went on Fox news and said not to worry, there is no way he would ever vote to expand the Court. If would be political suicide for him, he's not gonna do it.

He also said that there's no way that he will support eliminating the filibuster. Our best bet is to hope Alito and Thomas retire and win both GA Senate seats.

LostOne4Ever

(9,286 posts)
28. Maybe if SCotUS made a particularly bad decision
Sat Nov 14, 2020, 03:57 PM
Nov 2020

It would give him cause to change his mind without committing political suicide?

That said, and if I remember correctly, wasn’t his exact phrasing that he would never vote to “pack the courts?”

Adding just two judges wouldn’t be packing the court. It would be bring back balance after the Republicans stole a seat (either Obama’s 2016 pick or Biden’s 2021 pick) and leave it with a (center) right lean.

Given that he even voted against Amy Barret I could see the case being made that returning balance to the court is different than “packing” it. Packing it would be adding 4 or more judges to gain a liberal majority (in my opinion.)

Of course my opinion is moot and it depends on Manchin.

Polybius

(15,331 posts)
29. You have a lot more hope than I do
Sat Nov 14, 2020, 04:02 PM
Nov 2020

Maybe you are right, and maybe I'm just a pessimist. However, I don't think we're going to win both GA Senate seats. GA is still a pretty conservative state, I just can't see them voting for a Democratic hat trick (Biden and both Senate Democrats). I think at least one of the three Republicans will win, and we already know it's not Trump. I think Perdue takes it.

However, it's all about turnout. Republicans seem to really get out and vote in special elections. The only exception was Alabama, because they didn't like Moore.

LostOne4Ever

(9,286 posts)
30. Actually my hope is pretty minimal
Sat Nov 14, 2020, 04:08 PM
Nov 2020

I just won’t let myself give into despair so long as there is any possibility for good to prevail! Even if it is just a one in a million chance...

That said, I honestly feel we will probably lose both seats unless Trump does something particularly bad and the GOP get some of the blame.

Statistical

(19,264 posts)
26. That would require a constitutional amendment.
Sat Nov 14, 2020, 03:33 PM
Nov 2020

Anything which requires a constitutional amendment isn't an option.

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