The likelihood of a solid conservative majority on the U.S. Supreme Court for years to come has some Democrats contemplating a legislative moonshot: court packing. blawgo.com/kmBh8Op
But what would it take to expand the court?
Because the Constitution is silent on the court’s size, expanding it could be done through the regular legislative process by which all laws are made.
Enacting such a change would require Democrats to:
1⃣ hold their House majority in the Nov. 3 election
2⃣ win both the White House and a majority in the Senate
3⃣ do away with the filibuster
Has the court always had nine seats?
No. The Judiciary Act of 1789 created a six-member court, but it also to a high of 10 in 1863.
Would Democrats really expand the court?
Biden has said he’s “not a fan of court packing,” and without him in the White House and on board, the idea won’t go anywhere. (He has suggested he might elaborate on his thoughts on the issue before the Nov. 3 election.)
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Joe Biden has said he is “not a fan” of court packing the Supreme Court. But there are other options to consider if Democrats take both the White House and Senate.
The push to introduce term limits for justices got a major boost last month, when House Democrats introduced a bill proposing 18-year terms for new justices, instead of the lifetime appointments.
Every president would get to nominate two justices per term.
2⃣ JURISDICTION STRIPPING
Some are arguing for drastic structural changes that would limit the power of the court.
In theory, Congress could pass laws like the Affordable Care Act with a provision stipulating the legislation lies outside the bounds of Supreme Court review.
Barrett, 48, grew up in a suburb of New Orleans and attended a Catholic girls’ high school.
She earned her undergraduate degree from Rhodes College and went on to Notre Dame Law School. She then clerked with Laurence Silberman, who is active in the Federalist Society.
Like Justices Scalia and Gorsuch, Barrett identifies as a textualist—a legal scholar who seeks to determine the plain meaning of legislation rather than interpreting the intentions of its authors.
“To figure out what the law is, we go to the source,” she said on a panel in 2019.
🏆 Claim to Fame: Part of a team that secured a $14 million settlement against Dartmouth University in a lawsuit alleging that the administration didn’t protect against sexual harassment.
🏆 Claim to Fame: Nominated by President Trump in March for a seat on the EEOC. Partnered with former partner, now Labor Department Secretary Eugene Scalia in wins for Ford Motor Co.
It's the only requirement for the job of Supreme Court justice established in the U.S. Constitution. The rest is up to the President and the Senate. blawgo.com/Xhp6K7p
Here's how Supreme Court justices are confirmed 👇
Traditionally, three-fifths of the Senate had to agree to take a final vote. With no party holding that many seats during a SCOTUS confirmation in four decades, the rule had assured some bipartisan support.
🗳️ In 2017, Senate Democrats blocked a vote to approve Neil Gorsuch.
In response, Senate Majority Leader McConnell invoked the “nuclear option” and called for a simple majority vote, allowing Gorsuch to be confirmed and lowering the threshold for future high court picks.
Democrats are starting to feel pressure from the left to consider increasing the number of Supreme Court justices if Joe Biden wins the presidency and his party takes the Senate. blawgo.com/ZJrWLsq
But court packing wouldn’t be easy.
Democrats would have to win control of both the White House and the Senate—and first eliminate the filibuster, assuming they don’t have a 60-vote majority.
Expanding the number of seats on the nine-member U.S. Supreme Court was endorsed over the weekend by:
➡️ Sen. Ed Markey
➡️ House Judiciary Chairman Rep. Jerry Nadler
➡️ Former U.S. Attorney General Eric Holder
President Trump has largely narrowed a list of potential replacements for the late Justice Ruth Bader Ginsburg.
Here’s what you need to know about Amy Coney Barrett and Barbara Lagoa 👇 blawgo.com/5AOnUVs
A favorite of social conservatives, Amy Coney Barrett was appointed to the U.S. Court of Appeals for the Seventh Circuit in 2017 after a tough confirmation battle.
Barrett opposes abortion, but said in a 2013 speech at Notre Dame that it was “very unlikely” the Supreme Court would ever overturn Roe v. Wade, the 1973 ruling that established a legal right to an abortion in the U.S.