In the 1930s FDR attempted to throw control of SCOTUS into long term Democratic control by adding additional numbers of members to the Court via legislation, as the exact make-up of the Court is not defined by the Constitution. What if Trump attempted to do the same thing, adding say four more seats and populating them with young, conservative justices. Conservatism could have an unassailable majority for multiple decades.
https://en.wikipedia.org/wiki/Judicial_Procedures_Reform_Bill_of_1937
It would likely fail for the same reason it failed when FDR tried it ... its a naked power grab.
Better off to just replace Scalia with someone cut from the same cloth and then wait for one of the libs to die or retire and do the same (Ruth Buzzy Ginsburg said she'd resign if Hillary won, but I bet she doesn't last 4 more years ... same for Kennedy).
I believe Thomas said he wanted to resign under Obama but had too much doubt.Quote:
Originally Posted by Zundfolge
So that could be three. He'll get little pushback on a Scalia replacement but they will scream on the other two.
Libs have no idea how much they've lost and there is no good will after Obama to hold hands and sign Kumbaya as other Republican admins have done in the past.
Could it be stopped?Quote:
Originally Posted by Zundfolge
Yes. Republicans will stop it because they know that if they ram it through that the first thing Dems will do when they are back in the seat of power is pack even more onto the court.Quote:
Originally Posted by Rucker61
It was decried as "cheating" and "un-American" back when FDR tried it and it was probably the main reason they so quickly passed and ratified the 22nd Amendment (Term limits for POTUS).
Trying to pack the courts would erode a large chunk of the good will that Trump will build up with the electorate in his first term. It will be seen as trying to rig the system ... and "the system is rigged" was a campaign slogan.
Just replacing Scalia with an originalist will be enough to save us ... replacing Ginsburg and Kennedy with originalists will achieve everything a packed court would achieve but with much less cost and controversy.
At the same time we need to be pushing for the Article V Convention wherein the poser of the SCOTUS can be returned to its proper place by term limits and giving congress and the states the power to vacate an unconstitutional SCOTUS ruling.