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Wounded Bear

(58,649 posts)

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

Reply to Flaleftist (Original post)

Sat Oct 31, 2020, 10:52 PM

Oct 2020

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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17 replies

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Can the Supreme Court block expansion of the Supreme Court? [View all] Flaleftist Oct 2020 OP

It's a matter for Congress. DonaldsRump Oct 2020 #1

I thought about this and I don't know the answer either. Claustrum Oct 2020 #2

Not legally. Court size is not defined in the Constitution... Wounded Bear Oct 2020 #3

I was just asking my husband the same bamagal62 Oct 2020 #4

no qazplm135 Oct 2020 #5

Right lagomorph777 Nov 2020 #14

No. PTWB Oct 2020 #6

It would be a so-called "Constitutional crisis" if they tried. But for the case to get there you'd RockRaven Oct 2020 #7

And in order to have standing they would have been seated MoonlitKnight Nov 2020 #13

+ struggle4progress Nov 2020 #17

No Karma13612 Oct 2020 #8

This! Thekaspervote Oct 2020 #10

The size was previously changed 7 times Cicada Oct 2020 #9

I posed the same question. BUT, when you think about it, does it really matter? Just ignore them. Goodheart Oct 2020 #11

That pretty much sums it up. GulfCoast66 Nov 2020 #12

Nope - Congress is explicitly authorized in Article 3, to set size and scope for SCROTUS. lagomorph777 Nov 2020 #15

No. roamer65 Nov 2020 #16