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Sat Oct 31, 2020, 10:50 PM

Can the Supreme Court block expansion of the Supreme Court?

I know little about the law, but it seems anything Congress does can be challenged to the Supreme Court. Hypothetically, what if a majority opposed expansion. It wouldn't matter how ridiculous the majority decision is would it?

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Arrow 17 replies Author Time Post
Reply Can the Supreme Court block expansion of the Supreme Court? (Original post)
Flaleftist Oct 2020 OP
DonaldsRump Oct 2020 #1
Claustrum Oct 2020 #2
Wounded Bear Oct 2020 #3
bamagal62 Oct 2020 #4
qazplm135 Oct 2020 #5
lagomorph777 Nov 2020 #14
PTWB Oct 2020 #6
RockRaven Oct 2020 #7
MoonlitKnight Nov 2020 #13
LineLineNew Reply +
struggle4progress Nov 2020 #17
Karma13612 Oct 2020 #8
Thekaspervote Oct 2020 #10
Cicada Oct 2020 #9
Goodheart Oct 2020 #11
GulfCoast66 Nov 2020 #12
lagomorph777 Nov 2020 #15
roamer65 Nov 2020 #16

Response to Flaleftist (Original post)

Sat Oct 31, 2020, 10:51 PM

1. It's a matter for Congress.

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Response to Flaleftist (Original post)

Sat Oct 31, 2020, 10:52 PM

2. I thought about this and I don't know the answer either.

But wouldn't it be the biggest "conflict of interest" ever?

And we've expanded the supreme court before, it just hasn't been done in a long time.

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Response to Flaleftist (Original post)

Sat Oct 31, 2020, 10:52 PM

3. Not legally. Court size is not defined in the Constitution...

They can't "shrink" it by firing Justices, but expansion is up to Congress, by statute.

Of course, Repubs will try to block it in the courts, I guess.

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Response to Flaleftist (Original post)

Sat Oct 31, 2020, 10:53 PM

4. I was just asking my husband the same

Thing yesterday.

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Response to Flaleftist (Original post)

Sat Oct 31, 2020, 10:57 PM

5. no

it's already happened multiple times in our history.

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Response to qazplm135 (Reply #5)

Sun Nov 1, 2020, 12:38 AM

14. Right

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Response to Flaleftist (Original post)

Sat Oct 31, 2020, 10:58 PM

6. No.

 

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Response to Flaleftist (Original post)

Sat Oct 31, 2020, 10:58 PM

7. It would be a so-called "Constitutional crisis" if they tried. But for the case to get there you'd

need a lawsuit from a party with standing to make it to SCOTUS before Biden nominates and the Senate confirms and they swear in enough justices to make a difference (yes, such a case would be fast-tracked, but it still wouldn't happen overnight, and the Barret nomination provides precedent for rushing noms through). There is no un-ringing of the bell, so to speak once they're sworn in.

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Response to RockRaven (Reply #7)

Sun Nov 1, 2020, 12:31 AM

13. And in order to have standing they would have been seated

And would be part of the ruling.

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Response to RockRaven (Reply #7)

Sun Nov 1, 2020, 02:33 AM

17. +

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Response to Flaleftist (Original post)

Sat Oct 31, 2020, 11:02 PM

8. No

The Supreme Court canít govern itself.

the Legislature decides who and how many constitute the court.

As far as I know.

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Response to Karma13612 (Reply #8)

Sat Oct 31, 2020, 11:05 PM

10. This!

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Response to Flaleftist (Original post)

Sat Oct 31, 2020, 11:04 PM

9. The size was previously changed 7 times

FDR considered it. It seems legal to me.

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Response to Flaleftist (Original post)

Sat Oct 31, 2020, 11:08 PM

11. I posed the same question. BUT, when you think about it, does it really matter? Just ignore them.

Just seat however many we like. What are they going to do about it? Pray to Jesus for an intervention?

President Biden: "Sorry, but we don't accept your authority in this matter. Meet your new associates. Deal with it."

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Response to Goodheart (Reply #11)

Sun Nov 1, 2020, 12:25 AM

12. That pretty much sums it up.

It been done many times. Originalist should love it!

The constitution spells it out. Congress and the president decides the number on the court.

Big fan of 13 here.

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Response to Flaleftist (Original post)

Sun Nov 1, 2020, 12:39 AM

15. Nope - Congress is explicitly authorized in Article 3, to set size and scope for SCROTUS.

Article III
Section 1
The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.

Section 2
The Judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;---to all Cases affecting Ambassadors, other public Ministers and Consuls;---to all Cases of admiralty and maritime Jurisdiction;---to Controversies to which the United States shall be a Party;---to Controversies between two or more States;---between a State and Citizens of another State;---between Citizens of different States,---between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.

In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be a Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the Supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.

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Response to Flaleftist (Original post)

Sun Nov 1, 2020, 02:12 AM

16. No.

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