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Wanderlust988

(509 posts)
Sun Sep 20, 2020, 03:25 PM Sep 2020

Can Dems just pass a law requiring a 2/3 majority to pass court packing

in the future? So we take control of govt in 2021 and pass judicial reform creating more seats in the federal judiciary and the Supreme Court. Can't the Dems also put in law stating that any future changes to the numbers of seats on the SC and judiciary will require a 2/3 majority of the House and Senate? One of the biggest arguments against court packing is that if Republicans take charge they will just expand it to 21 seats or whatever. Well that would effectively make it impossible.

The South Carolina legislature did just that on the confederate flag flying in the statehouse. They passed a law stating that the flag could never be lowered unless 2/3 majority of the state assembly voted to take it down.

Yes, it's a craven power grab and goes against all tradition, but why not? It would totally be legal.

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Can Dems just pass a law requiring a 2/3 majority to pass court packing (Original Post) Wanderlust988 Sep 2020 OP
Nothing prevents Republicans from repealing it when rsdsharp Sep 2020 #1
Yeah but jorgevlorgan Sep 2020 #2
Soon as we win the Senate & hold the House we can change the rules. The Wielding Truth Sep 2020 #3

jorgevlorgan

(8,227 posts)
2. Yeah but
Sun Sep 20, 2020, 03:28 PM
Sep 2020

But it would only require a majority vote to change. So if the Republicans are ever in a position to stack the court themselves, it would most likely happen, so it probably wouldn't really do anything unless an actual amendment could be passed.

The Wielding Truth

(11,411 posts)
3. Soon as we win the Senate & hold the House we can change the rules.
Sun Sep 20, 2020, 04:36 PM
Sep 2020

We do have to get tougher with the ruthless anti constitutional Republican Party.

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