Can Dems just pass a law requiring a 2/3 majority to pass court packing [View all]
in the future? So we take control of govt in 2021 and pass judicial reform creating more seats in the federal judiciary and the Supreme Court. Can't the Dems also put in law stating that any future changes to the numbers of seats on the SC and judiciary will require a 2/3 majority of the House and Senate? One of the biggest arguments against court packing is that if Republicans take charge they will just expand it to 21 seats or whatever. Well that would effectively make it impossible.
The South Carolina legislature did just that on the confederate flag flying in the statehouse. They passed a law stating that the flag could never be lowered unless 2/3 majority of the state assembly voted to take it down.
Yes, it's a craven power grab and goes against all tradition, but why not? It would totally be legal.
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