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(The Nation)   Why we need to talk about expanding the Supreme Court   (thenation.com) divider line
    More: Interesting, Supreme Court of the United States, United States Senate, United States Constitution, Democratic Party, United States, President of the United States, US Senate's handling, late Justice Ruth Bader Ginsburg  
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955 clicks; posted to Politics » on 23 Sep 2020 at 5:25 PM (4 weeks ago)   |   Favorite    |   share:  Share on Twitter share via Email Share on Facebook



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2020-09-23 1:13:24 PM  
Because republicans have seized more power than they have any right to, and that shiat needs to end.
 
2020-09-23 3:11:54 PM  
Cheetolini thinks he can pack the courts by executive order.

(This is one of my lame duck/lame brain assertions that I am predicting)
 
2020-09-23 4:37:12 PM  
Not just the SC. need to do something to neutralise the conservative Federalist Society takeover of lower courts as well
 
2020-09-23 5:11:01 PM  
The death or resignation of one person should not be enough to throw the entire body into chaos.
 
2020-09-23 5:26:41 PM  
Kennedy was muscled into retiring. We've forgotten that, and that's f*cked up.
 
2020-09-23 5:27:57 PM  

BizarreMan: The death or resignation of one person should not be enough to throw the entire body into chaos.


It hasn't
 
2020-09-23 5:28:05 PM  
Yeah we farking do.

And the House of Representatives, too.
 
2020-09-23 5:28:09 PM  
It's been 150 years since the court size was adjusted, the country has 11x the population it did back then, it's time for more justices anyway.
 
2020-09-23 5:28:22 PM  
Trump says when you control the Senate you can do these things.
 
2020-09-23 5:30:34 PM  

aleister_greynight: It's been 150 years since the court size was adjusted, the country has 11x the population it did back then, it's time for more justices anyway.


99 justices, make it so.
 
2020-09-23 5:31:01 PM  
whidbey: Yeah we farking do.

I don't oppose it, but won't the GoP just do the same thing first opportunity we get? How large are we willing to make it?

And the House of Representatives, too.

Now on this I completely agree.
 
2020-09-23 5:32:33 PM  
I still have a hard time stomaching Beer Bro on the same court as Sotomayor.
 
2020-09-23 5:33:27 PM  
Nah, let's have 3 justices and replace them every year using national elections.
 
2020-09-23 5:34:21 PM  
Supremes need to be approved by the American Bar Association.
 
2020-09-23 5:34:34 PM  

bluejeansonfire: aleister_greynight: It's been 150 years since the court size was adjusted, the country has 11x the population it did back then, it's time for more justices anyway.

99 justices, make it so.


I get angry about it at least once a week.  No joke.  I still remember where I was when I found out--that's how much it pissed me off.
 
2020-09-23 5:34:37 PM  
The USSC should comprise about 30 justices who sit in panels of roughly three per case like the circuit courts. This system would have many benefits:

1) more cases could be granted cert and decided at the USSC level.
2) since it would be impossible to know which three justices would hear a case a more diverse array of cases would be brought before the Court in the first place
3) perhaps most importantly: the death or resignation of a Justice - and subsequent nomination and confirmation hearings - would not be the pearl-clutching, vapors-inducing overly-dramatized shiat shows we see nowadays.
 
2020-09-23 5:36:10 PM  
Too much political discussion tends to be about sides, as though the sides are equal.

One side is evil.  We cannot state this emphatically or often enough.  We should be willing to do whatever it takes to keep power from the Republicans because they're racist terrorists.  Why do we keep pretending that we need to have other justifications?
 
2020-09-23 5:36:28 PM  

bluejeansonfire: aleister_greynight: It's been 150 years since the court size was adjusted, the country has 11x the population it did back then, it's time for more justices anyway.

99 justices, make it so.


99 judges, but a biatch is one.
media1.s-nbcnews.comView Full Size
 
2020-09-23 5:38:28 PM  

BizarreMan: The death or resignation of one person should not be enough to throw the entire body into chaos.


This is a problem across Congress and also the presidential elections too.  It feels like everything comes down to gamesmenship surrounding a few seats or electoral votes, which means every few years the whole order can be upended by a tiny change in a senator/representative or by the slight shift of voter demographics (or participation/engagement) in a small geographical area (relative to the entire country).  Hovering around 50/50 representation for two increasingly polar social/economic/political outlooks is just disastrous.   Internationally, no one knows who they're going to be dealing with in 2 or 4 years.  Businesses have to deal with ever shifting regulatory schemes. Minority populations or all sorts in some parts of the country don't have any real guarantee of what their life may or may not look like just years into the future.

It's like wanting to have your light at partial brightness, but all you've got is a switch for on or off.
 
2020-09-23 5:39:58 PM  
Consider the court's workload, since the population has grown ten-fold since the number was set at nine.
 
2020-09-23 5:42:28 PM  

Pointy Tail of Satan: Supremes need to be approved by the American Bar Association.


Even with all those gold records??
 
2020-09-23 5:51:45 PM  
Screw 11! I think they should just go straight to 15, and eliminate lifetime appointments in the lower courts.

On the off chance Democrats win it all, they better get their asses in gear and make all the meaningful changes. Changes that will prevent another Trump from destroying the checks and balances that keep American democracy intact.

Take the gloves off and do what needs to be done.
 
2020-09-23 5:55:29 PM  

bluejeansonfire: Kennedy was muscled into retiring. We've forgotten that, and that's f*cked up.


My understanding was he did it freely and enthusiastically to ensure a young right winger got on the court.
 
2020-09-23 5:56:03 PM  
I'm worried that if there are enough judges, the court would begin dividing up cases by political alignment. They would stack the bench more effectively than a small court.
 
2020-09-23 5:56:57 PM  

Pointy Tail of Satan: Supremes need to be approved by the American Bar Association.


You mean the Liberal Bar Association? How is that fair?😳
 
2020-09-23 5:58:43 PM  

Bennie Crabtree: I'm worried that if there are enough judges, the court would begin dividing up cases by political alignment. They would stack the bench more effectively than a small court.


Random panels avoid that problem.
 
2020-09-23 5:59:53 PM  

bloobeary: Because republicans have seized more power than they have any right to, and that shiat needs to end.


Yes, but aided by forty years of spineless resistance.  Not like they overthrew the joint - most of the time they were invited to all the parties.

/had to work with their very good friends on the other side of the aisle who were scooping the guts out of the nation
//boy that really worked out nicely
 
2020-09-23 6:00:25 PM  
Yeah, expanding the SCOTUS sounds like a great idea.

Let's hope tRump doesn't do it before we can.
 
2020-09-23 6:01:55 PM  
Raise taxes on the rich, tax the churches out of existence, destroy fox and all the so called 'news' networks/sites... and you just *might* resolve everything without making any adjustments to government.

Why do we keep looking for solutions that don't address the core problems? Because there's money to be made by NOT doing anything, and just standing around biatching about it.
 
2020-09-23 6:02:20 PM  

Pointy Tail of Satan: Supremes need to be approved by the American Honkeytonk Bar Association.


Ftfy
 
2020-09-23 6:07:10 PM  

Kumana Wanalaia: Yeah, expanding the SCOTUS sounds like a great idea.

Let's hope tRump doesn't do it before we can.


I was thinking about that earlier: What is preventing Trump right now, instead of just nominating a replacement for RBG, to nominate 5 more Supreme Court justices? Mitch would certainly push through the confirmations for them.
 
2020-09-23 6:07:43 PM  

aleister_greynight: It's been 150 years since the court size was adjusted, the country has 11x the population it did back then, it's time for more justices anyway.


And 13 more states, I believe.
 
2020-09-23 6:09:06 PM  

Soup4Bonnie: I still have a hard time stomaching Beer Bro on the same court as Sotomayor.


I have a hard time stomaching he's the same age as us.
 
2020-09-23 6:09:33 PM  

AkaDad: Trump says when you control the Senate you can do these things.


In this case, the House, the Senate (with the filibuster nuked) and the Presidency.
 
2020-09-23 6:09:54 PM  

digmar: Kumana Wanalaia: Yeah, expanding the SCOTUS sounds like a great idea.

Let's hope tRump doesn't do it before we can.

I was thinking about that earlier: What is preventing Trump right now, instead of just nominating a replacement for RBG, to nominate 5 more Supreme Court justices? Mitch would certainly push through the confirmations for them.


The number of seats on SCOTUS is set by Congress, the current number set by the Judiciary Act of 1869. I'd be worried if the Republicans had both Houses of Congress. 2018 was more important than people realize.
 
2020-09-23 6:13:18 PM  

Ginnungagap42: digmar: Kumana Wanalaia: Yeah, expanding the SCOTUS sounds like a great idea.

Let's hope tRump doesn't do it before we can.

I was thinking about that earlier: What is preventing Trump right now, instead of just nominating a replacement for RBG, to nominate 5 more Supreme Court justices? Mitch would certainly push through the confirmations for them.

The number of seats on SCOTUS is set by Congress, the current number set by the Judiciary Act of 1869. I'd be worried if the Republicans had both Houses of Congress. 2018 was more important than people realize.


Luckily The Freedom Caucus The Derp Squad fought amongst themselves to great failure.
 
2020-09-23 6:15:24 PM  

BizarreMan: The death or resignation of one person should not be enough to throw the entire body into chaos.


When there are only nine people on the court then yes, the death of one of them could be very chaotic, especially since these are lifetime appointments.
 
2020-09-23 6:16:17 PM  
Adding judges is just a short-term solution. Ultimately, the undemocratic-by-design Electoral College and Senate need to be addressed. The constitution gives far too much power to empty land.

Also, federal judges and Supreme Court justices should either serve a limited term or have a mandatory retirement age.
 
2020-09-23 6:18:26 PM  

jst3p: I don't oppose it, but won't the GoP just do the same thing first opportunity we get? How large are we willing to make it?


Increase it to 17 effective December 2021.  Pass an amendment that fixes the number at 11, limits the number of justices confirmed to once every 2 years and forces the Senate to give an up or down vote to any nominee within 60 days.
 
2020-09-23 6:20:15 PM  

Mitt Romneys Tax Return: Adding judges is just a short-term solution. Ultimately, the undemocratic-by-design Electoral College and Senate need to be addressed. The constitution gives far too much power to empty land.

Also, federal judges and Supreme Court justices should either serve a limited term or have a mandatory retirement age.


Considering that the slave state/free state thing is no longer an issue, yer darned tootin'
 
2020-09-23 6:29:20 PM  
Talk about it?  Just farking do it!  As soon as we get the opportunity.

I want Mitch McConnell's nightmare package come to reality.  Statehood for DC, Puerto Rico.  Removal of the easy filibuster.   And 13 justices.  And that's just to start.  We need public finance of campaigns.  The VRA enshrined in the Constitution.. and so much more.
 
2020-09-23 6:35:02 PM  

bluejeansonfire: aleister_greynight: It's been 150 years since the court size was adjusted, the country has 11x the population it did back then, it's time for more justices anyway.

99 justices, make it so.



99 justices supreme on the court
99 justices supreme
The republican party is a terrorist organization
98 justices supreme on the court
 
2020-09-23 6:40:48 PM  

Cythraul: Talk about it?  Just farking do it!  As soon as we get the opportunity.

I want Mitch McConnell's nightmare package come to reality.  Statehood for DC, Puerto Rico.  Removal of the easy filibuster.   And 13 justices.  And that's just to start.  We need public finance of campaigns.  The VRA enshrined in the Constitution.. and so much more.


i.pinimg.comView Full Size
 
2020-09-23 7:12:40 PM  
How about we talk about that after Biden is sworn in, because bringing it up before than will just give them ideas.
 
2020-09-23 7:20:03 PM  
Well, you see, when one Supreme Court loves another very much, they give each other a special hug...
 
2020-09-23 7:28:21 PM  

Mitt Romneys Tax Return: Adding judges is just a short-term solution. Ultimately, the undemocratic-by-design Electoral College and Senate need to be addressed. The constitution gives far too much power to empty land.

Also, federal judges and Supreme Court justices should either serve a limited term or have a mandatory retirement age.


Fark user imageView Full Size
 
2020-09-23 7:41:16 PM  

Lackofname: How about we talk about that after Biden is sworn in, because bringing it up before than will just give them ideas.


Yeah, they never would have been able to come up with this one on their own
 
2020-09-23 8:59:44 PM  
Because it represents an alternative means for the governed to reform a government that has lost their consent, with means that are lawful and are not an immediate collapse of politics to continuation into (Clausewitzian) extraordinary means of violent civil war.

That said, it would seem better for the Democrats to first prove the prerequisite before determining which course is the best redress for the prerequisite.
 
2020-09-23 10:37:40 PM  
Everybody thinking this is a great idea will not think so if Trump is re-elected.
 
2020-09-24 12:05:47 AM  
Supreme Court Justices should be chosen/raised like the Dalia Lama.
 
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