Thread by @cmclymer

Reminder: the Constitution does not specify the number of seats on the Supreme Court. This power was left to Congress, which set the Supreme Court's size at one chief justice and five associates in the Judiciary Act of 1789. It was legally changed seven times. (thread)

It underwent five full legal implementations:

1789-1807: six seats
1807-1837: seven seats
1837-1866: ten seats
1866-1867: nine seats
1867-1869: eight seats
1869-present: nine seats

And twice, legislation changed its size but was never implemented for various reasons, notably the Judiciary Act of 1801 (or Midnight Judges Act), which would have reduced its size to five upon the next vacancy but was repealed by the Judiciary Act of 1802.

Another attempt that was never (fully) implemented was the Judicial Circuits Act of 1866, which would have provided the next three justices not be replaced when they retire; however, only two seats were eliminated before the Circuit Judges Act altered the size to nine seats.

Contrary to the perception of many, FDR's oft-cited "court-packing" plan was never ruled unconstitutional, nor was it ever considered by the courts because the legislation never passed Congress. In fact, it didn't even get a clear up-and-down floor vote.

The primary reason behind the defeat of FDR's legislation to expand the size of the court was the general incompetence within the administration, including by FDR himself. A ton of unforced errors tanked the effort.

Democrats need to make it clear that any attempt to fill this vacancy before a new presidential administration and Congress have the authority to consider it will be met with a Democratic Congress expanding the Supreme Court and the federal judiciary at-large.

And if Republicans do move forward in filling this vacancy, mark my words: Biden will handily win the election + Democrats will take back the Senate.

We need to wield power and think creatively and stop holding ourselves to unreasonable standards that the GOP openly disregards.

The Republican Party has spent four years--and long before that to a significant degree--making a mockery of the judicial nomination process. Not just with SCOTUS but with federal seats generally.

The American people are tired of this nonsense and looking for action.

So, we'll fight any nomination made before the start of the next Congress, but more importantly: the GOP will forfeit any moral claim to a good faith process and that must be met with unyielding and intentional efforts to reform and expand our courts. /thread