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How big of a Senate majority do we need to expand the SCOTUS? (Original Post) prodigitalson Apr 26 OP
1. Voltaire2 Apr 26 #1
We'll need more than that. Happy Hoosier Apr 26 #16
I believe a simple majority can change the rules including the filibuster. bullimiami Apr 26 #27
Exactly. lees1975 Apr 26 #54
we need enough to be willing to end the filibuster for at least that purpose dsc Apr 26 #2
Can't it be changed in the rules committee WhiteTara Apr 26 #7
Whatever happens in th Rules Committee is a proposal. former9thward Apr 26 #12
so it takes the 60 vote threshold? WhiteTara Apr 26 #33
Under the current rules. former9thward Apr 26 #65
Manchin and Sinema won't be there to block it. LiberalFighter Apr 26 #53
This a good explanation from chatGPT - walkingman Apr 26 #3
thanks....so simple majority in both houses and a presidential signature prodigitalson Apr 26 #5
Chat apparently does not know about the Senate filibuster. former9thward Apr 26 #10
The rules can be changed with 51 votes and the nuclear option. Nt Fiendish Thingy Apr 26 #19
Chat did not mention that at all. former9thward Apr 26 #23
Isn't it 50 plus tiebreaker (VP)? Polybius Apr 26 #39
Sure, VP can be 51st vote Fiendish Thingy Apr 26 #45
I wish we would do away with the Senate filibuster. walkingman Apr 26 #70
Not expanding it since 1869 is a good reason to expand it along with the number of cases filed. LiberalFighter Apr 26 #55
We'd need 51 Senators to first get rid of the filibuster. Elessar Zappa Apr 26 #4
it's way past time to get rid of that prodigitalson Apr 26 #6
The fact that you're angry doesn't mean that Democrats want to pack the Court brooklynite Apr 26 #8
Mmm... maybe before yesterday. tavernier Apr 26 #9
Absent any actual evidence, my opinion holds. brooklynite Apr 26 #11
Expand the court prodigitalson Apr 26 #14
Some might argue that the Court is already "packed"? kentuck Apr 26 #21
That is absolutely the correct framing prodigitalson Apr 26 #31
Soon, Democrats will face a critical choice Fiendish Thingy Apr 26 #22
Name an elected official at any level who advocates expanding the number of SC Justices. brooklynite Apr 26 #25
Here's a list of consponsors: spooky3 Apr 26 #26
Worth pointing out... FBaggins Apr 26 #30
People keep moving the goalposts. I'm responding spooky3 Apr 26 #43
From the link: Polybius Apr 26 #52
Elizabeth Warren, Ed Markey, Tina Smith Fiendish Thingy Apr 26 #29
The fact that you're not angry doesn't mean that Republicans did not pack the Court. speak easy Apr 26 #47
Is it really packing if the court becomes more balanced? LiberalFighter Apr 26 #56
I hope they are paying attention and CHANGE THEIR MINDS Iwasthere Apr 26 #68
Real Dems or DINOs like Maserati Manchin and Curtsy Kyrsten... JT45242 Apr 26 #13
This prodigitalson Apr 26 #15
Simple majority if 51 support killing the filibuster. Nt Fiendish Thingy Apr 26 #17
You need the will to attempt it TexasDem69 Apr 26 #18
We need 20 years of a democratic Senate Johonny Apr 26 #20
Nobody in power wants that. The sc is a much honored and beloved institution Autumn Apr 26 #24
Also better to let them take the blame leftstreet Apr 26 #32
Not true. spooky3 Apr 26 #34
Won't happen. Republicans will pack the courts to legislate what they want. Autumn Apr 26 #35
Maybe; depends on election results. But it's not true that "nobody in power spooky3 Apr 26 #42
Joe doesn't support expanding the court. He's said that. So some Dems might like the idea Autumn Apr 26 #44
One last time--you made a claim that "nobody wants this." That's not spooky3 Apr 26 #49
Who has the power to bring this bill up and pass it? Autumn Apr 26 #64
He may be more inclined to support an expansion now. LiberalFighter Apr 26 #59
It has happened in the past. We have not always had 9 justices. wnylib Apr 26 #38
The court changed six times before settling at the present total of nine in 1869. Autumn Apr 26 #41
And it can change again. wnylib Apr 26 #46
Good luck with that, FDR couldn't do it in war time. nt Autumn Apr 26 #48
One Goodheart Apr 26 #28
Expanding the court would be a terrible thing for Democrats to do. We would lose future elections for decades! beaglelover Apr 26 #36
No we wouldn't. That is just hyperbole. LiberalFighter Apr 26 #60
Depends on multiple things Polybius Apr 26 #37
How about just one Justice? Polybius Apr 26 #40
President Biden has said he doesn't support expanding SCOTUS ripcord Apr 26 #50
No it doesn't. He probably thought it was pointless when he didn't have the votes to make it happen. LiberalFighter Apr 26 #61
You are projecting your emotions onto him ripcord Apr 26 #63
Wouldn't you be projecting? LiberalFighter Apr 26 #66
I have no problem trusting the President to do what he thinks is right ripcord Apr 26 #67
But you are saying he won't change his mind. LiberalFighter Apr 26 #69
Enough to make Mitch McConnell and Fox News irrelevant. Initech Apr 26 #51
Bad idea CelticCrow Apr 26 #57
Expanding the SCOTUS is a nice thought but in reality, I can never see that happening. elocs Apr 26 #58
Another issue that needs to be dealt with is the judge shopping. LiberalFighter Apr 26 #62

lees1975

(3,880 posts)
54. Exactly.
Fri Apr 26, 2024, 03:21 PM
Apr 26

A 1 vote majority to end the filibuster. Then 1 vote to amend the Judiciary Act and expand the number of seats on the court, and then a 1 vote majority for each judge the president appoints after than.

Biden would seal his legacy by pushing Schumer to do this. Visionary leadership requires bold moves, and this would be a very bold move. So do it now.

dsc

(52,167 posts)
2. we need enough to be willing to end the filibuster for at least that purpose
Fri Apr 26, 2024, 08:10 AM
Apr 26

I have no idea how many would vote for the filibuster on a bill to expand SCOTUS. We had two who refused to end it for pretty much anything but neither of them will be returning. One can hope Sinema is replaced with the much better Gallego but Manchin will be replaced by a Republican.

former9thward

(32,082 posts)
12. Whatever happens in th Rules Committee is a proposal.
Fri Apr 26, 2024, 08:58 AM
Apr 26

It still needs to be voted on by the full Senate.

walkingman

(7,671 posts)
3. This a good explanation from chatGPT -
Fri Apr 26, 2024, 08:15 AM
Apr 26
Legislation: Expanding the Supreme Court would require legislation passed by both houses of Congress and signed by the President. Alternatively, a constitutional amendment could be proposed and ratified, but this is a much more difficult and lengthy process.

Proposal: A member of Congress would need to propose a bill outlining the expansion of the Supreme Court, specifying the number of additional justices to be added.

Congressional Approval: The bill would then need to pass both the House of Representatives and the Senate by a simple majority vote. This process involves committee hearings, debate, and amendments.

Presidential Approval: If the bill passes both houses of Congress, it would then be sent to the President for approval. The President can either sign the bill into law or veto it. If vetoed, Congress can attempt to override the veto with a two-thirds majority vote in both houses.

Implementation: Once signed into law, the expansion would take effect according to the timeline outlined in the legislation.

It's worth noting that expanding the Supreme Court is a highly contentious issue, and there would likely be significant debate, opposition, and potential legal challenges throughout the process. Additionally, the number of Supreme Court justices is not specified in the Constitution, so Congress has the authority to change the number through legislation. However, the size of the Court has been set at nine since 1869, so any attempt to expand it would likely face considerable political resistance and public scrutiny.

former9thward

(32,082 posts)
10. Chat apparently does not know about the Senate filibuster.
Fri Apr 26, 2024, 08:56 AM
Apr 26

That 60 vote threshold would need to be overcome.

walkingman

(7,671 posts)
70. I wish we would do away with the Senate filibuster.
Fri Apr 26, 2024, 06:01 PM
Apr 26

Minority rule already is the case regardless of the makeup of the Senate. 90% of Americans have absolutely no influence on Federal policy. Regardless of who holds majorities in the House and Senate.

US policies continue to benefit the minority. The Electoral College skews our POTUS elections. There are many policies that make it impossible to overcome the power structure (banks, major industries (fossil fuels), weapon mfrs) such as the new laws making it illegal to protest pipelines here in Texas.

So why not quit pretending as though we all have some kind of equal opportunity here in America?

What do we have to lose?

LiberalFighter

(51,113 posts)
55. Not expanding it since 1869 is a good reason to expand it along with the number of cases filed.
Fri Apr 26, 2024, 03:24 PM
Apr 26

I would propose it be 13. One for each district.

Elessar Zappa

(14,082 posts)
4. We'd need 51 Senators to first get rid of the filibuster.
Fri Apr 26, 2024, 08:19 AM
Apr 26

They could then expand the Court. If the filibuster isn’t removed it would take 60 Senators I believe.

brooklynite

(94,748 posts)
8. The fact that you're angry doesn't mean that Democrats want to pack the Court
Fri Apr 26, 2024, 08:40 AM
Apr 26

Schumer doesn’t; Jeffries doesn’t. Biden doesn’t.

tavernier

(12,407 posts)
9. Mmm... maybe before yesterday.
Fri Apr 26, 2024, 08:46 AM
Apr 26

Now that they have heard the rantings of demented Alito, they may have reconsidered.

kentuck

(111,110 posts)
21. Some might argue that the Court is already "packed"?
Fri Apr 26, 2024, 09:34 AM
Apr 26

And that there needs to be some balance offered, for the good of our country.

It seems obvious to many folks that this present Supreme Court is very political.

Fiendish Thingy

(15,664 posts)
22. Soon, Democrats will face a critical choice
Fri Apr 26, 2024, 09:39 AM
Apr 26

Expand the court or lose the ability to govern.

With the current SCOTUS majority, any legislation is subject to second guessing and reversal.

If Democrats refuse to kill the filibuster and expand the court, they will lose the ability to govern, either through obstruction and sabotage by SCOTUS, or by cynicism and apathy by the electorate, who will soon grow tired of Dems’ inability to codify Roe, address climate change, protect voting rights, and a host of other rights that have been decimated or are at risk of being removed.

Expanding the court to 13 seats, when there are 13 districts of federal appeals courts, is not an unreasonable or radical proposal.

If Biden can’t muster the political will and courage, then it will be up to President Whitmer, and a Dem congress with new leadership in 2028 to get it done.

FBaggins

(26,769 posts)
30. Worth pointing out...
Fri Apr 26, 2024, 10:24 AM
Apr 26

… that three senators is substantially short of the minimum required of 51.

Possibly also worth pointing out that a 50/50 senate is the best we can hope for thisncycle

spooky3

(34,483 posts)
43. People keep moving the goalposts. I'm responding
Fri Apr 26, 2024, 01:19 PM
Apr 26

To posts essentially claiming that no (as in zero) officeholders want an expansion. That’s flat out incorrect.

Polybius

(15,498 posts)
52. From the link:
Fri Apr 26, 2024, 03:12 PM
Apr 26
WASHINGTON, D.C. — On Tuesday, May 16, a group of U.S. Senate and House Democrats reintroduced the Judiciary Act of 2023, a bill that would add four seats to the U.S. Supreme Court, bringing the bench from nine to 13 justices. The bill was introduced by Sens. Ed Markey (D-Mass.), Tina Smith (D-Minn.) and Elizabeth Warren (D-Mass.) and Reps. Jerry Nadler (D-N.Y.), Hank Johnson (D-Ga.), Cori Bush (D-Mo.) and Adam Schiff (D-Calif.). The Judiciary Act was first introduced in 2021; a press release cites the growing support for court expansion in the intervening two years.


Interesting list.

Fiendish Thingy

(15,664 posts)
29. Elizabeth Warren, Ed Markey, Tina Smith
Fri Apr 26, 2024, 10:21 AM
Apr 26

Adam Schiff, Katie Porter, Jamie Raskin and 58 other representatives .


https://www.motherjones.com/politics/2023/05/the-movement-to-expand-the-supreme-court-is-growing/

Ever since President Franklin Roosevelt attempted to add justices in the 1930s and suffered political backlash, the idea of packing the court has been seen as taboo. But some lawmakers are now coming around to the idea, with the Judiciary Act counting 61 cosponsors in the House. The most powerful and entrenched Democrats, including President Joe Biden and the leaders of the Senate’s judiciary committee, remain unconvinced, however. The bill is far more popular in the House than the Senate—the body which actually confirms federal judges. It has three cosponsors in the upper chamber: Democrats Edward Markey and Elizabeth Warren of Massachusetts and Tina Smith of Minnesota. Though it has a long way to go before having a chance at success, the idea of court reform, including expansion, has already come further than many thought possible.

speak easy

(9,325 posts)
47. The fact that you're not angry doesn't mean that Republicans did not pack the Court.
Fri Apr 26, 2024, 01:51 PM
Apr 26

Without the Trumpers. Roe would still be law, but that's nothing to get angry about? THE GOP/MCCONNELL PACKED THE COURT. Don't come back with FDR era court packing shit to me.

You are not angry?

LiberalFighter

(51,113 posts)
56. Is it really packing if the court becomes more balanced?
Fri Apr 26, 2024, 03:30 PM
Apr 26

If there was any packing it was with the help of McConnell.

Iwasthere

(3,171 posts)
68. I hope they are paying attention and CHANGE THEIR MINDS
Fri Apr 26, 2024, 04:53 PM
Apr 26

Imo we are doomed if they don't. Nice guys finish last. Take off the gloves, the SC is corrupt.

JT45242

(2,299 posts)
13. Real Dems or DINOs like Maserati Manchin and Curtsy Kyrsten...
Fri Apr 26, 2024, 09:16 AM
Apr 26

We could do away with the filibuster with 51. We could even go back to as long as you stay on the floor talking, you can filibuster. That would be acceptable to me.

Then we can pass everything we want if we regain the house as well.

Expand SCOTUS to match the number of appeals courts (13) which matches most of history.

Then put some teeth into lying on disclosure forms so that Alito and Thomas are more scared of jail than pissing off Leo and the rest of their benefactors. .

TexasDem69

(1,840 posts)
18. You need the will to attempt it
Fri Apr 26, 2024, 09:28 AM
Apr 26

I haven’t heard any serious Democrat propose this step. I wouldn’t support it.

Johonny

(20,895 posts)
20. We need 20 years of a democratic Senate
Fri Apr 26, 2024, 09:33 AM
Apr 26

and president to out last enough of the putrid justices and appoint intelligent people instead.

Autumn

(45,120 posts)
24. Nobody in power wants that. The sc is a much honored and beloved institution
Fri Apr 26, 2024, 09:43 AM
Apr 26

that will never be changed. Will never be replaced or held accountable. Even though it's a clear and present danger, hopelessly corrupt and as outdated as a muzzle loader on a battlefield in a nuclear war.
Just ask them and just about every elected politician. Not going to happen.

Autumn

(45,120 posts)
35. Won't happen. Republicans will pack the courts to legislate what they want.
Fri Apr 26, 2024, 12:59 PM
Apr 26

Democrats won't do it. No republican will ever join with Democrats in adding to the court.

Autumn

(45,120 posts)
44. Joe doesn't support expanding the court. He's said that. So some Dems might like the idea
Fri Apr 26, 2024, 01:27 PM
Apr 26

and one bill was written to expand it and that bill has just sat there. That 60 votes needed are as hard to get as a unicorn is to catch. And no one will support doing away with the filibuster so it's not going to happen. There seems to be no will to do what has to be done. Look at the people who have the actual power to advance a court expansion and tell me which one's are for it.

spooky3

(34,483 posts)
49. One last time--you made a claim that "nobody wants this." That's not
Fri Apr 26, 2024, 02:43 PM
Apr 26

True. You’re now moving the goalposts.

Have a nice day.

Autumn

(45,120 posts)
64. Who has the power to bring this bill up and pass it?
Fri Apr 26, 2024, 04:19 PM
Apr 26

Johnson? Not gonna happen. Jefferies? He can't bring bills up to vote. Joe? He is against it? I don't see any other powerful people in the administration or other institutions talking about it. To me that's nobody. Sorry you don't like my wording, you can ignore it.

Autumn (45,079 posts)
44. Joe doesn't support expanding the court. He's said that. So some Dems might like the idea
Fri Apr 26, 2024, 11:27 AM
and one bill was written to expand it and that bill has just sat there. That 60 votes needed are as hard to get as a unicorn is to catch. And no one will support doing away with the filibuster so it's not going to happen. There seems to be no will to do what has to be done. Look at the people who have the actual power to advance a court expansion and tell me which one's are for it.

Autumn

(45,120 posts)
41. The court changed six times before settling at the present total of nine in 1869.
Fri Apr 26, 2024, 01:12 PM
Apr 26

FDR attempted to expand the court in 1937 but it was was defeated by the Chief Justice and Roosevelt’s own party members

beaglelover

(3,495 posts)
36. Expanding the court would be a terrible thing for Democrats to do. We would lose future elections for decades!
Fri Apr 26, 2024, 01:00 PM
Apr 26

LiberalFighter

(51,113 posts)
60. No we wouldn't. That is just hyperbole.
Fri Apr 26, 2024, 03:49 PM
Apr 26

If an explanation of why it is needed is provided it would avoid negatives.

The population of the USA was just under 39 million in 1870.
It is now over 330 million.

There are 13 circuit court of appeals.
Roberts oversees the DC, Fourth and the Federal Circuits.
Alito and Kavanaugh oversee 2 circuits.
The remaining 6 oversee 1 circuit.

If there are 13 justices they each would only oversee one circuit.

Polybius

(15,498 posts)
37. Depends on multiple things
Fri Apr 26, 2024, 01:02 PM
Apr 26

Right now, we have 51 seats and at least two who would not end the filibuster. So, if we're talking about next year...

1) 60 with filibuster in place.
2) 50 if we get rid of the filibuster. Requires just 50 votes plus tiebreaker (whoever is VP).
3) Assuming we have 51 votes next year and get rid of the filibuster, we will need 50 votes to expand. Does every Dem support that?
4) If Biden is re-elected, would he even sign it? He said that he's against expansion.

Polybius

(15,498 posts)
40. How about just one Justice?
Fri Apr 26, 2024, 01:10 PM
Apr 26

That would certainly cause nearly everyone to vote for President. Obviously, I'm kidding.

LiberalFighter

(51,113 posts)
61. No it doesn't. He probably thought it was pointless when he didn't have the votes to make it happen.
Fri Apr 26, 2024, 03:52 PM
Apr 26

Now with abortion ban. And possibly some other issues he might be more inclined to support it. Provided the votes are there.

ripcord

(5,538 posts)
63. You are projecting your emotions onto him
Fri Apr 26, 2024, 03:57 PM
Apr 26

He said he is opposed to the idea of expanding the Court. If he believes it is wrong he isn't going to change his mind for you.

CelticCrow

(59 posts)
57. Bad idea
Fri Apr 26, 2024, 03:30 PM
Apr 26

While I wholly agree with the sentiment it would just lead to an ever expanding court as the Republicans would do the same in return once they regain power and the pendulum always swings back and forth triggering further expansions. Wouldn't be long before the court was the size of the Senate...

elocs

(22,612 posts)
58. Expanding the SCOTUS is a nice thought but in reality, I can never see that happening.
Fri Apr 26, 2024, 03:31 PM
Apr 26

Democrats and those on the Left choosing to vote for Hillary in the battleground states was entirely doable and would have changed history and those who chose not to vote for her gave us the consequence of having Trump as president and allowing him to appoint 3 justices to the Supreme Court and giving them a solid 6-3 majority.
No expansion of the SCOTUS was needed.

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