Response to JHan (Original post)
Wed Feb 1, 2017, 06:36 PM
Mike Niendorff (3,401 posts)
6. 28 USC Section 1

As I have already posted elsewhere on DU, the 9-member Court is *not* a Constitutional requirement -- it originates in a federal law passed in 1948 (28 US Code Section 1).
Dems should be absolutely clear on this : force through an illegitimate justice, to fill a stolen seat, and the *moment* Dems are able to do so we will NULLIFY that vote by repealing 28 USC 1 and appointing additional justices to the court to offset the effect of the Republicans' misconduct and court-stacking.
They go nuclear, we go double-nuclear.
FDR threatened it in 1937 (successfully). It's time to learn from history, from the Dems who knocked the Republicans on their asses for a generation. This is no longer an amicable discussion, it is a bare-knuckle fight, prepare accordingly.
MDN
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