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In reply to the discussion: What MIGHT Have Dems Done To Stop GOP On The Fillibuster? (title change) [View all]regnaD kciN
(27,628 posts)Although most people don't know it, there is no Constitutional basis for a nine-justice SCOTUS. It is set entirely by statute (regular laws), and has varied between six and ten members throughout the life of the nation.
So, say Trump gets the Republican dream, and is able to replace two more justices -- liberal ones like RBG -- with hardline conservatives, giving the Court a 7-2 conservative majority. Then we win both houses of Congress and the Presidency by 2020. There is absolutely nothing to keep us from passing a bill declaring, essentially, "nine justices are too few...let's make it fifteen instead," and then naming six progressives to those spots, flipping the Court to a 8-7 liberal majority. All it would take is 216 votes in the House and 50+VP in the Senate...and there's not a damn thing Republicans can do to stop it.