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Polybius

(15,413 posts)
Wed Dec 15, 2021, 10:06 PM Dec 2021

Elizabeth Warren calls for expansion of Supreme Court, saying current court is a threat to democracy

Source: CNN

(CNN)Massachusetts Sen. Elizabeth Warren on Wednesday called for the US Supreme Court to be expanded with more justices and said that the current court "threatens the democratic foundations of our nation."

"With each move, the court shows why it's important to restore America's faith in an independent judiciary committed to the rule of law," Warren wrote in an opinion article published by The Boston Globe. "To do that, I believe it's time for Congress to yet again use its constitutional authority to expand the number of justices on the Supreme Court."

The Democrat wrote that she did not "come to this conclusion lightly" or because she disagreed with a particular decision but that she came to the conclusion because she believes "the current court threatens the democratic foundations of our nation."

Her call to expand the high court made up of nine justices comes less than a week after it left in place a Texas abortion law that bars the procedure after the first six weeks of pregnancy and after public approval of the Supreme Court has dropped in recent months. The Supreme Court said that abortion providers have the right to challenge the law in federal court and that the case will return to a district court for further proceedings.

Read more: https://www.cnn.com/2021/12/15/politics/elizabeth-warren-expand-supreme-court/index.html

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Elizabeth Warren calls for expansion of Supreme Court, saying current court is a threat to democracy (Original Post) Polybius Dec 2021 OP
Repeating HRC's warnings like its a new thing. Budi Dec 2021 #1
Hillary wanted to expand the SC 5 years ago? Polybius Dec 2021 #2
We wouldn't have to be expanding the SC at all. Budi Dec 2021 #4
Can't go back in time though Polybius Dec 2021 #6
Nothing wrong with moving forward. Hassin Bin Sober Dec 2021 #10
Sounds like you have an issue with my favorite senator. BComplex Dec 2021 #35
Sounds like some have an issue with mine . Budi Dec 2021 #38
Wut? progressoid Dec 2021 #18
Warren's suggesting an expansion of the Supreme Court.. whathehell Dec 2021 #19
Hillary was not the first and Warren won't be the last. soldierant Dec 2021 #24
Good on HRC. Magoo48 Dec 2021 #30
It could be done if the whole country were Massachusetts bucolic_frolic Dec 2021 #3
Exactly right. Warren is well aware of that too. Budi Dec 2021 #5
Latin America is known for its coups. peppertree Dec 2021 #7
The argument for expanding the Court least likely to win support onenote Dec 2021 #8
+2 Slammer Dec 2021 #9
the el'supremo court his turned into a kangaroo court !! monkeyman1 Dec 2021 #11
So refreshing to hear a progressive peoli Dec 2021 #12
It. Needs. To. Be. Done. notinkansas Dec 2021 #13
No need to expand SC. Rick Perry (Yes, him) has ideal solution. ExTex Dec 2021 #14
Among other questions: what happens if the Senate refuses to confirm a nominee? onenote Dec 2021 #15
But that'll be even harder to do Polybius Dec 2021 #17
There have been nine Supreme Court justices since 1869 - 152 years. BAD to change it now. George II Dec 2021 #16
Bad to be second to want to change it. nt BootinUp Dec 2021 #21
From 9 to 13 is my Suggestion Knight of the Middle Dec 2021 #20
Yep. FM123 Dec 2021 #22
+1 Deminpenn Dec 2021 #39
At the same time, as many have recommended, establish a Code of Ethics. quaint Dec 2021 #36
Do it, or live under GOP rule forever dalton99a Dec 2021 #23
The need is more critical now than when Hillary was running, since Trump appointed 3 right wingers Liberty Belle Dec 2021 #25
"the craziest loons we've ever had on the high court" Polybius Dec 2021 #37
13 JUDGES TO REPRESENT THE 13 ORIGINAL COLONIES nvme Dec 2021 #26
K&R ck4829 Dec 2021 #27
Well... Mike Nelson Dec 2021 #28
Let's go SCOTUS The Jungle 1 Dec 2021 #29
If the court is expanded and turns conservative again ArizonaLib Dec 2021 #31
What Would Mitch Do? NonPC Dec 2021 #32
And they should not be appointed for life. mahannah Dec 2021 #33
what's the problem...? myohmy2 Dec 2021 #34
CJ Roberts knows full well the consequences Deminpenn Dec 2021 #40
 

Budi

(15,325 posts)
4. We wouldn't have to be expanding the SC at all.
Wed Dec 15, 2021, 10:28 PM
Dec 2021

Warren knows damned well its a more difficult process than making a applaudable statement.

Where was the urgency of the SC, then.

Polybius

(15,413 posts)
6. Can't go back in time though
Wed Dec 15, 2021, 10:34 PM
Dec 2021

Unfortunately, Hillary lost and that had nothing to do with Warren. Nothing wrong with moving forward. What should have happened in 2016 won't change 2021.

 

Budi

(15,325 posts)
38. Sounds like some have an issue with mine .
Thu Dec 16, 2021, 02:38 PM
Dec 2021

Caaaaan't even credit her name..

Some want honor for their media quips, now a lot late to the Party that would have secured our SC for decades.

Chump change at this point in time.
I'll take it as a oops we fkd up but I aint owning my part.

She well knows the process is a longshot & not as simple as stated.

whathehell

(29,067 posts)
19. Warren's suggesting an expansion of the Supreme Court..
Thu Dec 16, 2021, 01:00 AM
Dec 2021

and she's not the only one to do so..Sorry you don't
like her for some reason, but such is life.

soldierant

(6,872 posts)
24. Hillary was not the first and Warren won't be the last.
Thu Dec 16, 2021, 01:25 AM
Dec 2021

Many people have said and are saying the same thing. Many other people are talking about reforming the Supreme Court , using various methods. Expanding is only one. Reducing is one. Changing the appointments from liftime, either by setting a term or by instituting a mandatory retirement age. Another thought is to establish a Code of Ethics (there are probably different ideas on how that should be enforced also.) My own feeling is that every justice ought to be invistigated now as of for a thorough background check. Any criminal activity which comes up should be investigated as a crime or crime or crimes. If proof is available, the justice should be charged . And incidentally remved from the court. Can't serve effectively when you're ;locked up.

None of these suggestions would b easy. But the stakes are high enough to justify attempting any of them, possibly all of them.

Magoo48

(4,709 posts)
30. Good on HRC.
Thu Dec 16, 2021, 09:49 AM
Dec 2021

Good on Liz.

Good ideas need repeating. Who gives a shit who said them and when? wtf.

bucolic_frolic

(43,161 posts)
3. It could be done if the whole country were Massachusetts
Wed Dec 15, 2021, 10:17 PM
Dec 2021

Fortunately, or unfortunately, it isn't, and this idea is going nowhere at the present time.

peppertree

(21,635 posts)
7. Latin America is known for its coups.
Wed Dec 15, 2021, 10:34 PM
Dec 2021

What's less widely known, is that, often, each country's first coup was endorsed by that country's (very conservative) supreme court.

The ones that followed, in fact, often used that first endorsement as precedent.

onenote

(42,703 posts)
8. The argument for expanding the Court least likely to win support
Wed Dec 15, 2021, 11:09 PM
Dec 2021

It may just be a fig leaf, but the size of the Court's workload and the number of circuit courts are better, neutral-sounding arguments for increasing the court then one based purely on partisanship when our side has the barest majority in the Senate and a narrow majority in the House.

Slammer

(714 posts)
9. +2
Wed Dec 15, 2021, 11:22 PM
Dec 2021

I could see an argument for adding 2 justices since the deliberate and unreasonable delay at the end of the Obama administration robbed him of getting a confirmed appointment (taking one away from the Democrats) and swung the court the other way (giving one to the Trumpists).

Two additional justices would put us up the one which we should have had back then.

I don't think it'd be easy to justify more than that.

Of course a lot of people don't worry about justification....

notinkansas

(1,096 posts)
13. It. Needs. To. Be. Done.
Thu Dec 16, 2021, 12:08 AM
Dec 2021

Along with carving holes in the filibuster, and modifying it to be a talking filibuster, in order to achieve any form of real governance in this country. Without those we are left with the tyranny of the minority.

 

ExTex

(2,138 posts)
14. No need to expand SC. Rick Perry (Yes, him) has ideal solution.
Thu Dec 16, 2021, 12:09 AM
Dec 2021

Staggered 18-year terms so a term ends every two years. Every President would be able to appoint two SC justices in a four-year term. Two terms; four justices. Reappointments permitted so no whining about ending "tradition" of lifetime SC service.

https://newrepublic.com/article/94461/rick-perrys-smart-court-reform

Polybius

(15,413 posts)
17. But that'll be even harder to do
Thu Dec 16, 2021, 12:33 AM
Dec 2021

Expanding the SC only takes either 50 votes plus the VP or 60 with the system we have now (filibuster). Term limits would take 67 votes (plus two thirds of the House) and 3/4ths of the states. All but impossible.

Looking at that though, it's a brilliant idea. I really like the idea of reappointments in case someone is appointed young (45) and had been great for 18 years. How did Rick Perry of all people come up with this?

quaint

(2,563 posts)
36. At the same time, as many have recommended, establish a Code of Ethics.
Thu Dec 16, 2021, 01:30 PM
Dec 2021

One Supreme Court justice for every 25 million in U.S. population.
That would help prevent future court packing.
329,500,000 / 9 = 36,611,111.1111
329,500,000 / 13 = 25,346,153.8462

Liberty Belle

(9,535 posts)
25. The need is more critical now than when Hillary was running, since Trump appointed 3 right wingers
Thu Dec 16, 2021, 01:42 AM
Dec 2021

and tipped the court to a 6-3 conservative balance. Not even "normal" conservatives but the craziest loons we've ever had on the high court.

If they uphold outrageous voting rights restrictions that red states are imposing, we've likely lost our democracy forever. And they are about to take away reproductive rights for women at least those in red states.

The need is urgent and cannot wait. Biden does need to expand the court now, whatever it takes to do that. He can argue that our population has grown, we need 13 judges for 13 circuits, or whatever but also just note that this would be unstacking the court since the Republicans blocked Obama's nominee for the entire last year of his term, yet hypocritically rammed through a third Trump appointee only around 2 weeks before the election.

Our democracy truly does hang in the balance here and there is no more time to delay. When Hilary spoke it was a hypothetical concern but now it's an imminent threat, exactly as Elizabeth Warren has so clearly stated.

Those here who oppose expanding the court better get ready for authoritarian rule and an end to the U.S. as a democracy.

Polybius

(15,413 posts)
37. "the craziest loons we've ever had on the high court"
Thu Dec 16, 2021, 02:03 PM
Dec 2021

Strongly disagree. Thomas and Alito are more conservative than Trump's 3 picks, as was Scalia and probably Rehnquist as well.

Mike Nelson

(9,955 posts)
28. Well...
Thu Dec 16, 2021, 05:01 AM
Dec 2021

... I would support this, but see little chance of it happening. These things take so much time, we don't know what President will be nominating the Judges! Still, Warren knows there is a problem. We need to look at additional solutions. Why is it okay to lie under oath and get a seat on the SC? Right now, it's up to Senators... they can vote in anyone. Something more needs to be done... more ways to look at qualifications, and easier ways to impeach Judges.

ArizonaLib

(1,242 posts)
31. If the court is expanded and turns conservative again
Thu Dec 16, 2021, 09:50 AM
Dec 2021

It will be even more difficult to change back to no partisan majority.

Prior to FDR/Truman the court was ideaologically conservative. After years of liberal appointments the court became balanced. After the LBJ gift to Nixon and Reagan's appointments including O'connor who was set to retire in order to care for ailing husband, postponed retirement to vote for GWB in Bush v. Gore so that she could be replaced by a conservative. This led to putting in place the Citizen's United court, interrupted by the 2 Obama justices followed by the current deviant majority. Gorsich would have left in place Roe v. Wade.

NonPC

(305 posts)
32. What Would Mitch Do?
Thu Dec 16, 2021, 09:57 AM
Dec 2021

You can bet he would expand it. Oh that's right -- the shoe is on the other foot now.

myohmy2

(3,163 posts)
34. what's the problem...?
Thu Dec 16, 2021, 11:07 AM
Dec 2021

...thanks Liz, let's try to do it while we can...

...the supremes as configured are a political-hack joke...

...adding a few more clowns to the mix won't hurt anything...

...

Deminpenn

(15,286 posts)
40. CJ Roberts knows full well the consequences
Thu Dec 16, 2021, 03:47 PM
Dec 2021

of veering away from settled law. He was Warren's target audience.

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