'Expand the Court': Ocasio-Cortez Leads Charge With 3-Word Democratic Strategy After ...

[ItsjustMe]

'Expand the Court': Ocasio-Cortez Leads Charge With 3-Word Democratic Strategy After Barrett Sworn In

https://www.commondreams.org/news/2020/10/26/expand-court-ocasio-cortez-leads-charge-3-word-democratic-strategy-after-barrett

Rep. Alexandria Ocasio-Cortez had just three initial words to say Monday night after Amy Coney Barrett was sworn in as the latest Associate Justice to the U.S. Supreme Court following her confirmation by a 52 to 48 margin in the Republican-controlled U.S. Senate earlier in the evening.

"Expand the court," tweeted Ocasio-Cortez, a sentiment widely shared as the only just recourse after the GOP under President Donald Trump and Senate Majority Leader Mitch McConnell rammed through the third justice for the nation's highest court in less than four years.

"Republicans do this because they don't believe Dems have the stones to play hardball like they do," the New York Democrat added subsequently. "And for a long time they’ve been correct. But do not let them bully the public into thinking their bulldozing is normal but a response isn't. There is a legal process for expansion."

Ocasio-Cortez is correct. Democrats—if they are able to regain control of the Senate and the White House, and also retain the House, in next week's national elections—would have the power to make sweeping changes to the Supreme Court, including increasing the number of seats from the current nine. As MarketPlace recently noted: "Nine isn't a number that's set in stone—the Constitution doesn't state how many justices must be on the Supreme Court. There were originally six justices on the court, with that number fluctuating throughout the country's history."

Shortly after Ocasio-Cortez's tweet, her House colleague and fellow progressive Squad member Rep. Ilhan Omar (D-Minn.) re-shared the message.

[sanatanadharma]

1. Originalism!!

Original intent says:
First court was six in number because there were then 3 circuits.
Now there are 13 circuits, so the court should be 26 justices.

[FM123]

2. Yes, that number is not set in stone.

It has been changed nearly a half dozen times before - from as few as 5 to as many as 10. I think 13 would be a good number since there are 13 appellate courts that sit below the U.S. Supreme Court.

[Voltaire2]

3. The supremely fucked court will reject expansion.

They will discover new rules not originally in the document.