General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsHow can the SCOTUS bench be increased to 11 from the 9?
Can this be done by Executive Order?
former9thward
(31,941 posts)Congress would have to pass a law and the President would have to sign it.
murielm99
(30,717 posts)It didn't work.
The Velveteen Ocelot
(115,606 posts)and the whole attempt crashed and burned. It will never happen again. http://en.wikipedia.org/wiki/Judicial_Procedures_Reform_Bill_of_1937
arcane1
(38,613 posts)Oh the things you learn on DU!!!!
emsimon33
(3,128 posts)From my American History course in high school, I remember one that depicted FDR trying to add sardines to a can of sardines. The Sardines in the can had the justices' names on them.
Duckhunter935
(16,974 posts)Already tried
longship
(40,416 posts)IMHO, it would take an act of congress. Good luck with that, President Obama.
FDR tried it and would likely have gotten himself impeached if he had succeeded.
cerveza_gratis
(281 posts)The table near the bottom of this lists all the times the SC was expanded.
http://en.wikipedia.org/wiki/Judicial_Procedures_Reform_Bill_of_1937
hrmjustin
(71,265 posts)Response to samsingh (Original post)
lostincalifornia This message was self-deleted by its author.
tritsofme
(17,371 posts)Why wouldn't another president, or this one, have not done it whenever they where frustrated by a Supreme Court majority?
Even then, do you think this is the sort of thing a president ought to be able to do by fiat?
This sort of question, along with the fact that many are apparently completely ignorant of FDR's famously disastrous attempt to enlarge the Court is really kind of scary.
emsimon33
(3,128 posts)once we get rid of the Republican Congress
PoliticAverse
(26,366 posts)At one time there were 10 justices on the Court.
Since The Judiciary Act of 1869 there have been 9.
See: http://en.wikipedia.org/wiki/Judiciary_Act_of_1869
samsingh
(17,593 posts)then it could be done.
I guess age limits would also have to be passed by Congress on the SCOTUS
SickOfTheOnePct
(7,290 posts)The Constitution has always been interpreted such that federal judges have lifetime appointments, and you can't undo that unless the Constitution is amended to do it.
Retirement, death or impeachment are the only ways out...
el_bryanto
(11,804 posts)I don't know if it legally couldn't be done - it just didn't succeed when FDR tried it. And in part because one of the justices stopped rilling all the new deal programs as unconstitutional, so he didn't push for it as hard as he might have. I think it could possibly be done, but politically it would be very very very risky.
but the current set up has risks too as we can see.
Bryant
LuvNewcastle
(16,835 posts)That's really why it wasn't pursued further -- the Court stopped thwarting all the New Deal programs. I think it could be done under the right circumstances; it just hasn't been so important since the New Deal days.
But these 5 Justices we have are way behind the times of the country, and something needs to be done to stop them. I think Thomas should have been impeached a long time ago due to his lying about hundreds of thousands in income on his tax returns. Maybe if the process was started in that direction, he would resign rather than go through a trial. Either way would be fine with me. He's been a national embarrassment for long enough.
samsingh
(17,593 posts)or be impeached
ohnoyoudidnt
(1,858 posts)We just have to hope we win in 2016 and can subsequently replace 1 or 2 cons on the court.
Calista241
(5,586 posts)samsingh
(17,593 posts)I think they would have to be managed
in fact, if they saw the Democrats are starting to stand up for themselves and not taking bullshit, the media may be as afraid of us as they are about repugs.