How soon until Biden/Democrats packs the Court?

SeeYaSometime

Well-known member
With the two recent rulings by the SCOTUS, the Democrats are reeling.

Biden refused to answer the question in the debates before the 2020 election. He established a commission in April to explore the idea of increasing the number of judges.

The only provision in the Constitution is to establish the Court. The original number of judges was to be six, set by Congress. It has been nine since 1869. FDR tried to enlarge it to thirteen in 1937 in order to get his New Deal proposals implemented more quickly. It was soundly defeated with both parties in agreement.


Two informative and interesting articles on the issue.


In 1983 Senator Joe Biden voiced his opinion on the issue. Read his words here:

 

Irwin20

Well-known member
Can’t see them doing this. When the Republicans are in charge wouldn’t they just pack it some more? It might never end.
 

19AL63

Well-known member
What do the polls say on this matter? If it is going to happen it has to happen before Nov. If the majority votes are not in favor it will be another thing added to a long list of negatives we are going to hear about the D's in just a short time. Maybe it will be vote D's so we can pack the court and reverse all the bad things the R's have done during Bidens first two years.
 

SeeYaSometime

Well-known member
Technically he and the Dems have until the first of the year as the election winners won’t take office until then. Granted time is short but I wouldn’t put anything passed this group. Congress can move quickly when it serves them. As did the Republicans with Amy Barrett.

Has anyone heard what Biden’s commission is recommending? It’s supposedly bipartisan but I don’t know who’s on it.

It surprised me to learn there were 10 Justices at one time. How do you get rid of one? Wait until a death?
 

Irwin20

Well-known member
Technically he and the Dems have until the first of the year as the election winners won’t take office until then. Granted time is short but I wouldn’t put anything passed this group. Congress can move quickly when it serves them. As did the Republicans with Amy Barrett.

Has anyone heard what Biden’s commission is recommending? It’s supposedly bipartisan but I don’t know who’s on it.

It surprised me to learn there were 10 Justices at one time. How do you get rid of one? Wait until a death?
I guess I knew that but how does that work? You need an odd number to make a ruling 5-5 won’t cut it. Anyone know?
 

Altor

Well-known member
I guess I knew that but how does that work? You need an odd number to make a ruling 5-5 won’t cut it. Anyone know?
The possibility for a tie happens now when a seat is empty or a justice recuses him/herself for a particular case. When a tie occurs, it basically upholds the lower court's decision on that particular case, but does not carry any precedent.
 

TigerPaw

Well-known member
Can’t see them doing this. When the Republicans are in charge wouldn’t they just pack it some more? It might never end.

Probably, but that's fine with me. It is one way around term limits/lifetime appointments. We need more turnover and equitable representation. Simple majority was a new norm. Refusing to confirm another party's nominee when you have Senate control is another new norm.
Can't see anyone doing that again. Confirming while a new election is actually in progress is another new norm. Not to mention blatantly lying during confirmation. I would do it first chance I could. Biden is too old school "establishment" for it though. Needs to be more Trumpy.
 

SeeYaSometime

Well-known member
Probably, but that's fine with me. It is one way around term limits/lifetime appointments. We need more turnover and equitable representation. Simple majority was a new norm. Refusing to confirm another party's nominee when you have Senate control is another new norm.
Can't see anyone doing that again. Confirming while a new election is actually in progress is another new norm. Not to mention blatantly lying during confirmation. I would do it first chance I could. Biden is too old school "establishment" for it though. Needs to be more Trumpy.

WSJ refutes liberals assertion the Justices lied.


Another new norm is asking nominees how they would rule on specific cases. This in the past has been prohibited or respected. Packing the court is a purely political move which as the article referenced above explains what FDR attempted.
 
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redskinfan04

Well-known member
Biden has made his opposition to court expansion known.

If they were wise they’d take up Ro Khanna’s idea for 18 year term limits. The start of it would place Thomas and Alito on the chopping block starting next year.
 

SeeYaSometime

Well-known member
Biden has made his opposition to court expansion known.

If they were wise they’d take up Ro Khanna’s idea for 18 year term limits. The start of it would place Thomas and Alito on the chopping block starting next year.

I’d go for term limits if they were also enacted on Congress with no lifetime full salary when leaving office. Collect a pension at 65 like the rest of us folks.
 
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