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Well, the size of the Supreme Court is not fixed at nine. A future Democratic president might just work to increase it to give it more balance.


wouldn't that just start an arms race of each side trying to stack the court whenever they're in power?


Sure but after a few decades of packing we'd eventually end up with a direct democracy where every adult citizen is a Supreme Court justice and the legislative branch would be sidestepped entirely. Seems better than our current system IMO.


Yes, but each time diluting the power of the justices individually. Right now if you have one wacko justice who decides on the basis of political ideology instead of some of the established legal theories they have 11% of a say in things. Add another few justices who are relatively normal and the ability of the wacko to swing things into dangerous territory goes down. Even if the tit-for-tat tries to cram more wackos in you have to try to convince the Senate to let more and more obviously terribly choices through.


Are you suggesting the supreme Court should be another House of Congress?


There is no reason why supreme court decisions couldn’t be made more democratically. The law should not be in the hands of a select few elite


Yeah, same with ending filibuster and other speculated tactics. I don't think you can close the door behind you without a constitutional amendment, which won't happen.


FDR tried and members of his own party came out against him.

It’s a non-starter.


There are good reasons to increase the size though, mainly it being one of the smallest Supreme Courts in the world.


“Smallest in the world” doesn’t seem like a good reason at all.

The reason why the Democratic party revolted against FDR attempt to stuff the Supreme Court was because it was such an obvious runaround of the Constituion.


Everyone thinks that the Dems and Republicans are different sides, but they are on the same side, money. This has been going on for at least 50 years. Every 5 years I hear this bull shit. IF the dems got in it would be more balanced. Nothing changes until we reevaluate our support for system that doesn't serve us.


Dems at least talk about taking money out of politics. McCain Feyngold was a big step in the right direction but IIRC SCOTUS shut that down hard.


They talk and do nothing, they are supported by the same system of money that reb get. The only difference is of a perceptual nature.


So you're saying that President Trump can appoint as many Supreme Court justices as he would like to in January?


It might take a little more than that to update the Judiciary Act of 1869 that defined the current number of justices on the court.


Ok but the Republicans will have full control of both houses, and can also put aside the filibuster if they would like.

Are you saying it's therefore ok for Trump to pack the courts? That does appear to be the logical extension of your original comment.




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