Expanding the SC - can't they rule that UC?

Discussion in 'West Mall' started by Duck Dodgers, Sep 21, 2020.

  1. Duck Dodgers

    Duck Dodgers 250+ Posts

    So the threat from the Democrat party is that if President Trump and the Turtle (or Apex Predator as the Bezos Bulletin is now calling him) get a SC nominee confirmed, if they ever get total power, they'll just expand the SC to 11 or 13 or 85 seats and confirm their own chumps.

    This would take a law, so it would have to pass the House, Senate (once they nuke the filibusterer), then signed by the President, or forged for him if it's Slow Joe to avoid him drooling all over the pretty paperwork.

    But is there any reason why the SC couldn't just declare that unconstitutional, the reasoning being separation of powers.

    The entire reason for expanding the SC would not be something valid like it being able to hear more cases, it would be to allow the current Legislative and Executive branches the opportunity to put their own people on it, and dilute the influence of the current members.

    Just as a Congress that was mad at the SC couldn't zero out its budget for the year, or sell off the SC building to keep them from meeting, expanding the court to change its ideological make up could be deemed by the SC to be an interference with its Constitution powers, and thus unconstitutional.

    Now the Coward John Roberts wound't go along with that - he'd welcome new and fellow leftists to vote for what would make the Post happy, but would the 5 conservative members reject an attempt to meddle with the SC?
  2. Mr. Deez

    Mr. Deez 10,000+ Posts

    They would most likely cite the separation of powers - in upholding Congress's power to expand the size of the Court. There is no constitutional limit on the size of the Court, and that power lies with Congress. It always has. There also is no exception to that power for a willingness to expand the Court for baldly partisan reasons.

    Is it a bad idea? Yes, but the remedy is at the ballot box. And of course, it will make a mockery of the Court. What will happen when the GOP regains power? They'll expand the Court again for their own benefit. In 20 years, we'll have 50 Supreme Court justices.
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    Last edited: Sep 22, 2020
  3. horninchicago

    horninchicago 5,000+ Posts

    They are assuming Biden wins as they assumed Shillary would win in 2016 to make these threats for 2021. Guessing this will bring more silent majority out in favor of Trump in November. Another threat snd strategy that will backfire on the Dems.

    Once again, trying to hit a fade and will hit a duck hook instead.

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