Can the president increase the number of justices on the SC, or is it Congress by legislation?

[still_one]

[The Velveteen Ocelot]

1. Congress by legislation.

[Lady Freedom Returns]

4. So if we flip the Senate, it could happen?

[roamer65]

10. If we eliminate the filibuster, yes.

The filibuster is the only resistance a Repuke senate minority could use to try to stop it.

[still_one]

7. Thanks. Then the media who is obsessed if Biden will increase the number of justices on the SC

makes little sense, since it depends on on the makeup of Congress in the next session

I appreciate your information

[dflprincess]

2. I believe it would take an act of Congress

While FDR wanted it done, it was introduced as a bill in Congress.

[rsdsharp]

3. It would require legislation, which of course,

The President would have to sign.

[moonscape]

5. While Biden won't answer the question now, I thought

last year he had said he opposes expanding the Supreme Court. That was of course before RBG's death but I'm actually concerned expanding won't happen because of this and also because unless we gain the Senate with a comfortable enough margin that we wouldn't have all Dems on board. Manchin?

[WheelWalker]

11. While he might not support it, I don't believe he would veto

legislation passed by both houses of Congress to that effect. IMO.

[still_one]

14. +++

[moonscape]

17. Good point. But without the President

involved and supporting, if not advocating, something this monumental, would it be realistic?

[WheelWalker]

19. He will say he supports the will of the people as manifested by the Congress, though

he might not favor the remedy "at this time". Nevertheless, I think he will "bend to the wind of history" if Congress acts. He will not argue for, but he will not stand in the way. That's my read on Joe Biden.

[Celerity]

15. more than just Manchin, unfortunately, the way it stands now, there is almost zero chance

Last edited Sun Oct 11, 2020, 08:18 AM - Edit history (1)

I am NOT saying that all of these will balk at it, but even if we flip 8 of the 11 most likely to flip seats (so have a 54-46 majority), if 5 of them say nope, then we are fucked. If 4 say no, then it will come down to Biden via his proxy vote, VP Harris.

here are the most likely to say no, some already have said they oppose it (in bold), so if we take it back by a 54-46 majority, it is already dead in the water (as many of the new ones also oppose) unless those who oppose now are persuaded to change their mind

bear in mind, at least 5 or so have already said they will not even support getting rid of the filibuster


btw, if you see some on here who have said they WOULD support it (SCOTUS expansion), then please tell me and I amend the list


Arizona Kyrsten Sinema (she and Manchin are the two most conservative in the Dem Senate Caucus)
California Dianne Feinstein
Colorado Michael Bennet
Delaware Tom Carper
Delaware Chris Coons
Illinois Dick Durbin
Maine Angus King
Michigan Debbie Stabenow
Michigan Gary Peters
Montana Jon Tester
Nevada Catherine Cortez Masto
Nevada Jacky Rosen
New Hampshire Jeanne Shaheen
New Hampshire Maggie Hassan
Pennsylvania Bob Casey Jr.
Vermont Patrick Leahy
Virginia Mark Warner
Virginia Tim Kaine
West Virginia Manchin


plus multiple new ones running have said they oppose expansion

Alaska Gross
Arizona Kelly
Georgia Ossoff
Maine Gideon
North Carolina Cunningham

maybe Hickenlooper (he has went back and forth)

[BGBD]

16. When has Manchin

ever not been there for the Democrats when they wanted him to vote some way? He's never been the deciding vote for republicans.

[Celerity]

21. he is campaigning and fundraising for Susan Collins in Maine, that is the epitome of

not being there for the Party

[moonscape]

18. Thanks. Great list and perspective. I've

also thought it not realistic it could happen but the way you lay it out it would approach impossible.

[RDANGELO]

6. It is not specified in the Constitution.

Biden could simply nominate someone. It would all come down to public opinion.

[The Velveteen Ocelot]

8. There is an existing statute specifying nine justices.

28 U.S. Code § 1. Number of justices; quorum

The Supreme Court of the United States shall consist of a Chief Justice of the United States and eight associate justices, any six of whom shall constitute a quorum.

(June 25, 1948, ch. 646, 62 Stat. 869.)

So if there are already nine sitting justices he couldn't just add one, because the statute says there are nine.

[RDANGELO]

13. Ok I was wrong.

[roamer65]

9. By legislation from Congress.

[demosincebirth]

12. If the turtle hadn't done what he done I would say no. Now, I would say all bets are off.

Screw you McConnell!

[WheelWalker]

20. I agree. Let the debate begin.