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We need a thirteen justice Supreme Court. (Original Post) rzemanfl Dec 2023 OP
I second that! mymomwasright Dec 2023 #1
I'd be happy with 15 or more, but we need more Democrats in Congress first. Hermit-The-Prog Dec 2023 #2
I see only two outcomes possible. rzemanfl Dec 2023 #5
Secessionists are traitors TexasDem69 Dec 2023 #58
Read the Declaration of Independence. Trump 2.0 would make King George look rzemanfl Dec 2023 #63
This blue state/red state is largely bullshit TexasDem69 Dec 2023 #65
There are currently a number of reliably blue states, their taxes help support most of the red states. rzemanfl Dec 2023 #67
That doesn't answer the question TexasDem69 Dec 2023 #72
Watch what happens if, heaven forfend, Drumpf's diapered ass gets back in the White House. n/t rzemanfl Dec 2023 #79
And that could be three years away FBaggins Dec 2023 #7
Seven senate seats flipping from blue to red? Fiendish Thingy Dec 2023 #16
I sure hope not. That would mean losing every competitive race FBaggins Dec 2023 #55
Quantity does not make up for lack of quality. Irish_Dem Dec 2023 #3
Sure it can. The Subversive 6 can be neutered by appointing qualified Justices. Hermit-The-Prog Dec 2023 #8
Thank you. n/t rzemanfl Dec 2023 #11
Then it gets expanded again to appoint more MAGAs. Irish_Dem Dec 2023 #18
The more the merrier Fiendish Thingy Dec 2023 #21
Exactly this Lucky Luciano Dec 2023 #48
This message was self-deleted by its author former9thward Dec 2023 #76
The rot started in the Republican party. rzemanfl Dec 2023 #28
This would get to the root of the problem, not just temporary bandaids. Irish_Dem Dec 2023 #30
How do you suggest we do that in the face of lifetime appointments? rzemanfl Dec 2023 #32
Let's be honest. The damage caused by Trump and the GOP will take decades to heal. Irish_Dem Dec 2023 #36
We can at least stop the infliction of new wounds by his appointees. n/t rzemanfl Dec 2023 #45
The important thing is to get the root of the problem. Irish_Dem Dec 2023 #49
How do you propose we do that? n/t rzemanfl Dec 2023 #51
Fighting the good fight. Irish_Dem Dec 2023 #57
So, you feel it is about the whole global mess, not just the Court. rzemanfl Dec 2023 #59
What you need is age limits. OnlinePoker Dec 2023 #4
I can't imagine getting the Constitution amended. n/t rzemanfl Dec 2023 #10
This message was self-deleted by its author Fiendish Thingy Dec 2023 #20
If it had expanded to 13 under Trump... TwilightZone Dec 2023 #6
This court is in bag for the Orange Asshole. I don't think support would be lacking rzemanfl Dec 2023 #12
If support was there, it would have been passed already. TwilightZone Dec 2023 #14
I blame Mitch McConnell Emile Dec 2023 #9
He gets a lot of the blame. n/t rzemanfl Dec 2023 #24
What are you thinking, one per judicial circuit? jmowreader Dec 2023 #13
Trying that on for size would require an Amendment to the Constitution. rzemanfl Dec 2023 #25
I don't think that one justice for every federal circuit (plus a chief) is unreasonable. misanthrope Dec 2023 #27
The appointments have to be for life under the Constitution. You have Justices being "replaced." rzemanfl Dec 2023 #29
I didn't say anything about anyone being "replaced" misanthrope Dec 2023 #41
Sorry! I thought I was replying to another poster. Silly me. n/t rzemanfl Dec 2023 #43
There's no support for expanding the court either TexasDem69 Dec 2023 #75
Source? n/t rzemanfl Dec 2023 #78
So then the next GOP President and Congress can make it 19? WarGamer Dec 2023 #15
The more the merrier Fiendish Thingy Dec 2023 #17
If the GOP, democracy, and the union all survive Drumpf that is rzemanfl Dec 2023 #23
I wish you'd talk to my slaves! dpibel Dec 2023 #38
Good response. Gonna rec it. rzemanfl Dec 2023 #64
If Biden can't/won't do it in 2024-26... Fiendish Thingy Dec 2023 #19
Biden opposes expanding the court. Takket Dec 2023 #22
The Constitution doesn't allow terrn limits- rzemanfl Dec 2023 #31
I know that. I didn't say it did. Takket Dec 2023 #47
Good luck with getting the Constitution amended, then. n/t rzemanfl Dec 2023 #50
Kick red dog 1 Dec 2023 #26
I agree. NNadir Dec 2023 #33
This court is committing suicide IMHO. n/t rzemanfl Dec 2023 #35
Pick another number, though. "13" triggers a lot of people who think it's unlucky or accursed... Hekate Dec 2023 #34
Really? Okay, fifteen, or any odd number after that won't require a new building. rzemanfl Dec 2023 #40
You mean like 13 colonies misanthrope Dec 2023 #46
Your reply made me smile. Thanks for that. rzemanfl Dec 2023 #53
There are 13 federal circuit courts of appeals. There used to be 9, which is when we decided on 9 justices. SunSeeker Dec 2023 #54
I agree, here is what I proposed and I sent it to the White House ... aggiesal Dec 2023 #37
Way to politicize the Court. Lawyers would time their cases to election cycles. n/t rzemanfl Dec 2023 #42
The federal courts are supposed to be neutral TexasDem69 Dec 2023 #73
I don't think I've made it political ... aggiesal Dec 2023 #77
As they say... greatauntoftriplets Dec 2023 #39
There should be in my opinion one for each district. LiberalFighter Dec 2023 #44
Each congressional district? TexasDem69 Dec 2023 #74
federal appellate courts LiberalFighter Dec 2023 #80
Yes we do. The 6 Republican scumbags do not represent our country. SunSeeker Dec 2023 #52
Hell yes! PBateman70 Dec 2023 #56
Term limits would require a constitutional amendment that is not going to happen rzemanfl Dec 2023 #60
Agreed PBateman70 Dec 2023 #66
There is an election next year, and people, women in particular, are really fed up. rzemanfl Dec 2023 #69
Agreed PBateman70 Dec 2023 #71
I'd opt for term limits on justices instead tinrobot Dec 2023 #61
That would require an amendment to the Constitution. n/t rzemanfl Dec 2023 #62
Yes, 13 Justices and an age limit. I would suggest 70. Fla Dem Dec 2023 #68
I am so tired of pointing out the Constitution. Sigh. rzemanfl Dec 2023 #70

rzemanfl

(31,379 posts)
5. I see only two outcomes possible.
Fri Dec 22, 2023, 04:27 PM
Dec 2023

1) The Dems win the House, Senate and White House then fix the mess, or
2) The blue states secede.

rzemanfl

(31,379 posts)
63. Read the Declaration of Independence. Trump 2.0 would make King George look
Fri Dec 22, 2023, 08:52 PM
Dec 2023

benevolent. I doubt the blue states would want to support Donald's monarchy.

 

TexasDem69

(2,317 posts)
65. This blue state/red state is largely bullshit
Fri Dec 22, 2023, 08:56 PM
Dec 2023

Is Wisconsin, Georgia, Nevada, Michigan or Pennsylvania blue or red? Cause they’ve voted both. Virginia is blue or red?

rzemanfl

(31,379 posts)
67. There are currently a number of reliably blue states, their taxes help support most of the red states.
Fri Dec 22, 2023, 08:59 PM
Dec 2023
 

TexasDem69

(2,317 posts)
72. That doesn't answer the question
Fri Dec 22, 2023, 09:34 PM
Dec 2023

Even a little bit. Vermont gets more than it gives. So does New Mexico. Which of those two states should secede? Florida is reliably red and gives more than it gets.

And if you don’t think so then provide some proof.

rzemanfl

(31,379 posts)
79. Watch what happens if, heaven forfend, Drumpf's diapered ass gets back in the White House. n/t
Sat Dec 23, 2023, 08:43 AM
Dec 2023

FBaggins

(28,706 posts)
7. And that could be three years away
Fri Dec 22, 2023, 04:28 PM
Dec 2023

We're obviously going to lose the WV senate seat - which takes things to 50-50. Then there are another seven blue seats that are more likely to flip than the first state that we're likely to pick up.

Fiendish Thingy

(23,240 posts)
16. Seven senate seats flipping from blue to red?
Fri Dec 22, 2023, 05:21 PM
Dec 2023

Which ones? WV of course, but also MT, OH, NV, NH, AZ, and…CA?

Other than WV, I think that’s highly unlikely for all of them to flip.

Yes, I know there’s a recent poll showing Lake beating Gallego, but by next fall, things will look very different (and Sinema will be pulling single digits if she’s even on the ballot at all).

FBaggins

(28,706 posts)
55. I sure hope not. That would mean losing every competitive race
Fri Dec 22, 2023, 06:54 PM
Dec 2023

I'm not saying that we lose seven seats - or anything close. What I'm saying is that the eight most likely-to-flip seats are all currently blue (and one of those isn't competitive).

So retaining our current majority will mean winning every competitive race and at least one that is not currently considered competitive (likely FL or TX). Gaining a net seat would mean sweeping the table other than WV.

Irish_Dem

(81,271 posts)
3. Quantity does not make up for lack of quality.
Fri Dec 22, 2023, 04:25 PM
Dec 2023

The supreme court problems cannot be solved by throwing more bodies at it.

Irish_Dem

(81,271 posts)
18. Then it gets expanded again to appoint more MAGAs.
Fri Dec 22, 2023, 05:26 PM
Dec 2023

It is a game that will not work long term.

It does not address the rot in the Supreme Court.

Fiendish Thingy

(23,240 posts)
21. The more the merrier
Fri Dec 22, 2023, 05:31 PM
Dec 2023

I’m not worried about retaliatory expansion by Republicans.

First, they have to get a trifecta, which seems to be getting harder for them.

In any case, the bigger the court, the less power any individual Justice has, and the lower the odds for a solid, consistent voting block.

Response to Fiendish Thingy (Reply #21)

rzemanfl

(31,379 posts)
28. The rot started in the Republican party.
Fri Dec 22, 2023, 05:52 PM
Dec 2023

I don't think the GOP will survive in the long term.

rzemanfl

(31,379 posts)
32. How do you suggest we do that in the face of lifetime appointments?
Fri Dec 22, 2023, 06:02 PM
Dec 2023

Impeach all the Trump appointees?

Irish_Dem

(81,271 posts)
36. Let's be honest. The damage caused by Trump and the GOP will take decades to heal.
Fri Dec 22, 2023, 06:07 PM
Dec 2023

Just the damage to national security alone is going to take decades to repair.

Some of the damage done will never be repaired.
There are going to be some real scars in our national psyche and in our country.

Irish_Dem

(81,271 posts)
49. The important thing is to get the root of the problem.
Fri Dec 22, 2023, 06:46 PM
Dec 2023

Anything else is a waste of time.
We are just spinning our wheels.

Irish_Dem

(81,271 posts)
57. Fighting the good fight.
Fri Dec 22, 2023, 07:13 PM
Dec 2023

But we need to be focused and understand what is happening.

The GOP wishes to have unlimited, permanent total power and access to all US financial assets and resources.

The autocratic global bloc wages war on us by installing their puppets into US high office.
And they wage a tremendously successful psy-ops campaign against us.
They have done a good job dividing the country and damaging our military and national security.

Bandaids will not fix the problem, not by a long shot.

We face the most serious threat to our country since WWII.
While I have ideas about what must be done, it is above my paygrade to start telling Biden
what he must do.

rzemanfl

(31,379 posts)
59. So, you feel it is about the whole global mess, not just the Court.
Fri Dec 22, 2023, 08:38 PM
Dec 2023

I think fixing the Court is a prerequisite to being able to go after the whole global mess.

OnlinePoker

(6,127 posts)
4. What you need is age limits.
Fri Dec 22, 2023, 04:26 PM
Dec 2023

Canada uses 75 and it works quite well. If this was the case in the U.S., Thomas would be gone next year and Alito would be gone in 2 1/2 years.

Response to rzemanfl (Reply #10)

TwilightZone

(28,836 posts)
6. If it had expanded to 13 under Trump...
Fri Dec 22, 2023, 04:28 PM
Dec 2023

it would be 10-3.

Adding a bunch of liberal justices would only be a temporary solution, though you'd have to find the support for it first, which is lacking.

rzemanfl

(31,379 posts)
12. This court is in bag for the Orange Asshole. I don't think support would be lacking
Fri Dec 22, 2023, 04:36 PM
Dec 2023

for fixing a corrupt, political, Christo-fascist high court.

TwilightZone

(28,836 posts)
14. If support was there, it would have been passed already.
Fri Dec 22, 2023, 04:48 PM
Dec 2023

That's kind of how these things work. Support in Congress is the only support that matters.

At present, there is zero chance of it passing the House and very little chance of it passing the Senate.

First step would be to elect more Democrats.

jmowreader

(53,194 posts)
13. What are you thinking, one per judicial circuit?
Fri Dec 22, 2023, 04:37 PM
Dec 2023

I can agree with this on one condition: the justice for that circuit has to come from that circuit.

Yes, this means King Matthew Kaczmaryk could find himself on the Supreme Court.

Try this for size: divide the court into three classes. Each president gets to nominate one class. So, if we would have had this set up before 2008, President Obama gets to nominate a third of the court, Trump gets to nominate a third, President Biden gets to nominate a third and the president after Biden gets to replace Obama's justices. If Trump steals 2024 he doesn't get to replace Obama's justices because he's already nominated his class. If you're talking about having 13 justices, one class will have five instead of four. This gets rid of another huge problem - Trump's justices (the guy who drank his way through high school, the religious extremist and the one who thinks truck drivers should freeze to death) are going to be infesting our highest court for the next forty years.

rzemanfl

(31,379 posts)
25. Trying that on for size would require an Amendment to the Constitution.
Fri Dec 22, 2023, 05:48 PM
Dec 2023

Not much chance of that happening.

misanthrope

(9,495 posts)
27. I don't think that one justice for every federal circuit (plus a chief) is unreasonable.
Fri Dec 22, 2023, 05:51 PM
Dec 2023

It might more accurately reflect the state of American jurisprudence.

rzemanfl

(31,379 posts)
29. The appointments have to be for life under the Constitution. You have Justices being "replaced."
Fri Dec 22, 2023, 05:56 PM
Dec 2023

Last edited Fri Dec 22, 2023, 06:35 PM - Edit history (1)

Edit- I mistook this as a defense of the longer post above. I was wrong.

misanthrope

(9,495 posts)
41. I didn't say anything about anyone being "replaced"
Fri Dec 22, 2023, 06:26 PM
Dec 2023

I think that was another poster, the one who detailed a more elaborate plan. I wasn't speaking to the intricacies of their plan, just the equal number of justices to circuits.

WarGamer

(18,613 posts)
15. So then the next GOP President and Congress can make it 19?
Fri Dec 22, 2023, 04:55 PM
Dec 2023

How about just defeating the political opposition based on sound governance, as provided by President Biden... and making good arguments to the public at large?

If we lose... there was a reason we lost and that will make the party stronger in the future.

Play within the established system because that is all we've got.

Fiendish Thingy

(23,240 posts)
17. The more the merrier
Fri Dec 22, 2023, 05:25 PM
Dec 2023

The bigger the court, the less power each Justice has, and the lower odds of a solid consistent voting block.

Remember, to expand the court, a party would have to have a trifecta- WH, senate and house, which seems to be getting more difficult, especially for Republicans.

rzemanfl

(31,379 posts)
23. If the GOP, democracy, and the union all survive Drumpf that is
Fri Dec 22, 2023, 05:39 PM
Dec 2023

possible. It looks like a long shot to me.

dpibel

(3,944 posts)
38. I wish you'd talk to my slaves!
Fri Dec 22, 2023, 06:25 PM
Dec 2023

They keep talking some nonsense about not actually being chattel.

And--you won't even believe this--the little lady keeps whining about the fact that she's got a PhD but she can't vote.

You've given me the perfect response: "Play within the established system because that is all we've got."

Thanks a million!

Fiendish Thingy

(23,240 posts)
19. If Biden can't/won't do it in 2024-26...
Fri Dec 22, 2023, 05:27 PM
Dec 2023

I’m sure President Whitmer would happily sign a court expansion into law in 2028.

Takket

(23,715 posts)
22. Biden opposes expanding the court.
Fri Dec 22, 2023, 05:35 PM
Dec 2023

What it needs are 13 seats, one for every appellate court, term limits, and QUALIFICATIONS. In other words you have to have served on the appellate courts and been rated highly non-partisan groups that rate judicial records. Se we can't stick some hack on SCOTUS that doesn't know what a gavel is just because the Heritage Foundation told a rethug president that that person hates abortion. Because we did that three times under drumpf.

rzemanfl

(31,379 posts)
31. The Constitution doesn't allow terrn limits-
Fri Dec 22, 2023, 05:59 PM
Dec 2023

3/4 of the states are not going to agree to change that anytime soon.

Hekate

(100,133 posts)
34. Pick another number, though. "13" triggers a lot of people who think it's unlucky or accursed...
Fri Dec 22, 2023, 06:07 PM
Dec 2023

Nothing to do with being a Christian — it floats in the culture.

rzemanfl

(31,379 posts)
40. Really? Okay, fifteen, or any odd number after that won't require a new building.
Fri Dec 22, 2023, 06:26 PM
Dec 2023

Oh, and the court shouldn't sit on the 13th of any month....

SunSeeker

(58,283 posts)
54. There are 13 federal circuit courts of appeals. There used to be 9, which is when we decided on 9 justices.
Fri Dec 22, 2023, 06:54 PM
Dec 2023

12 are organized geographically and one is the U.S. Court of Appeals for the Federal Circuit, which hears specific national jurisdiction cases including patent lawsuits and appeals from the U.S. Court of International Trade.

Since there are now 13 circuit courts, there should be 13 justices.

aggiesal

(10,804 posts)
37. I agree, here is what I proposed and I sent it to the White House ...
Fri Dec 22, 2023, 06:20 PM
Dec 2023

Last edited Fri Dec 22, 2023, 07:08 PM - Edit history (2)

Increase the number of SCOTUS to 13, but randomly draw only 9 justices per case.
Those 9 justices should have a majority based on who is sitting in the WH.
So if there is a Democratic President, then each case during that term, SCOTUS is 5-4 Liberal leaning.
If there is a Republican President, then each case during that term, SCOTUS is 5-4 Conservative leaning.

Also, there should be an Associate Chief Justice so that current CJ Roberts doesn't have to sit for every case.

This would make it hard for nefarious groups to create specific lawsuits to arrive at SCOTUS with a fixed justices to rule in their favor.
This makes it highly risky to do this.

Since there are 13 Circuit Courts, 13 seems to be the obvious number, assigning a Circuit Court per Justice.

Anyway, that's how I perceive the SCOTUS should be implemented.

 

TexasDem69

(2,317 posts)
73. The federal courts are supposed to be neutral
Fri Dec 22, 2023, 10:55 PM
Dec 2023

Which is why judges have lifetime appointments. And your proposal makes them political.

aggiesal

(10,804 posts)
77. I don't think I've made it political ...
Sat Dec 23, 2023, 12:02 AM
Dec 2023

Democratic candidates have won the popular vote in 7 of the last 8 presidential elections,
yet (D) Presidents have only seated 6 of the last 21 justices seated.

In my suggestion, to the victor goes the spoils.
If the country wants a (D) President, then the Supreme Court should follow suit.
This way the country is not stuck with 20 years of 6-3 Conservative majority.
There is a suggestion that Sotomayor, who will turn 70 years old in 2024, to retire under Biden and not risk losing her seat to another (R) pResident making SCOTUS a 7-2 conservative majority.
In a random draw, the justices still have to abide by the law.
And all 13 justices would still have lifetime appointments.

If you want to see who politicized the court, take look at Leonard Leo, Harlan Crow & Sen. McTurtle.

rzemanfl

(31,379 posts)
60. Term limits would require a constitutional amendment that is not going to happen
Fri Dec 22, 2023, 08:40 PM
Dec 2023

in this divided, gerrymandered nation.

 

PBateman70

(62 posts)
66. Agreed
Fri Dec 22, 2023, 08:57 PM
Dec 2023

Neither will expanding to 13 justices either. You're gonna need 60 votes in the Senate

rzemanfl

(31,379 posts)
69. There is an election next year, and people, women in particular, are really fed up.
Fri Dec 22, 2023, 09:02 PM
Dec 2023

The current court is wildly unpopular.

tinrobot

(12,062 posts)
61. I'd opt for term limits on justices instead
Fri Dec 22, 2023, 08:41 PM
Dec 2023

Perhaps an 18 year term, so enough for a justice to have impact. Each president gets to pick 2 justices per term.

For the current court, Thomas has seniority so he'd be first to go.

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