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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsThere is a way to mitigate the damage of Kennedy's retirement.
It won't be easy, and it won't be quick, but it could work. If we take back the Congress and win the presidency next time around, we can pack the court. There is no constitutional requirement limiting the number of justices on the SCOTUS to nine. If we increase the number to 11, we could have a court in which liberals outnumber conservatives. Then we could pose challenges to Citizens' United and other reprehensible rulings that are wrecking our democracy.
My sister is a lawyer and she thinks that this is the only thing that could turn this disaster around. When FDR tried it there was outrage, but the situation is different now. My sister pointed out that we have had presidential election after presidential election in recent decades in which the winner of the popular vote did not win the Electoral College. There is a case to be made that the majority's wishes have not been honored, and therefore we need this remedy. It is also the case that with the Republicans' refusal to even hold a hearing on Merrick Garland, and voting to confirm Gorsuch, they have already packed the court.
I think that this will require a grass roots movement to succeed. We cannot expect the Democrats in office now to propose this.
I have had it with half measures and hand-wringing. This is war, and it cannot be won without fighting in every single way that we can. We know that the Republicans will not oppose any of Trump's nominees, nor will they be willing to wait until Mueller finishes his investigation to determine if in fact our president is an agent of a foreign power who is beholden to Putin because of his own shady financial dealings.
I would like to know what other people here think of this idea. If you agree that it is a good and necessary one, how do we go about building a movement to support it?
elleng
(131,429 posts)Judicial Procedures Reform Bill of 1937
https://en.wikipedia.org/wiki/Judicial_Procedures_Reform_Bill_of_1937
fescuerescue
(4,448 posts)Then we can be sure that it will be increased to 17 during the Republican that will eventually come after that.
And then 23 and then and then.....
Eventually we'll need to build a new Pentagon to house SC justices.
LenaBaby61
(6,979 posts)Totally agree that this is an excellent idea if it can be done. But you're right in saying that with the make-up of the current Dem leadership, your idea see the light of DAY.
But I have to play devils advocate here too in saying that we know that thuglicans would have NO qualms in increasing their numbers numbers on the High Court though. I could see it now: The number of justices sitting on the High Court increased to 12 and 8 of those members were appointed directly off a list comprised by the Federalists Society or the American Nazi party.