Expand the Supreme Court?

10,755 Views | 150 Replies | Last: 5 yr ago by cinque
Whiskey Pete
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ShooterTX said:

HashTag said:

ShooterTX said:

BayNavFreak said:

I hate this, and I plan to vote for Biden.

What really sucks about the last 12 hours is realizing how much the Supreme Court has turned into a partisan game. And it's not supposed to be. I have respect for every person on that court and I trust that each one of them will make an educated and unbiased opinion on the cases set before them. The fact that both Democrats and Republicans are seizing this moment for selfish purposes before RBG's body is even cold...it's disgusting.
I am a Trump voter, but I was thinking that Trump should wait until after the election to nominate someone.

Then I heard a very compelling argument... what if we have another 2000 election? What if there is a 4-4 split at the SCOTUS instead of a 5-4 decision? The entire nation could fall apart over such an incident.
When you look at the mail-in ballots, and the pledges by many democrats to never concede the election, no matter the outcome on election night.... it seems inevitable that the election will end up being heard by the SCOTUS.

For that reason alone, it is imperative that a new justice be nominated, approved by the Senate, and seated with the Court ASAP.

Amy Coney Barrett will be an excellent justice. Replace RBG with ACB.
I agree on Amy Barrett, would be great choice.

But aside from that election argument

Like Obama in 2016 who nominated a justice, Trump should do the same. It's not up to Trump to confirm the nomination, that's on the Senate, but it his job to put forth a nominee.

In an election year, a court vacancy has occurred 29 times in our history. A person was nominated each and everyone one of those times. Trump has a duty and should nominate someone.



Absolutely agree. Do your job and then let the Senate fight it out.

The Dems will try and turn it into a circus again.... it's gonna get ugly. I wonder what kind of false attacks they will bring up against a Christian mom?

The good news is that they just recently grilled her over her nomination to the Federal Court of Appeals... so there is no room for a delay tactic like they did with Kavanaugh. No room for "new" accusations that "must be heard", so that removes an obvious ploy to try and delay it until after the election. There was a 15 year gap between Kavanaugh hearings, but there has only been 3 years since the last one for Barrett.
Good points!
STxBear81
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I find it hard to believe that the Democrat Congress members are representing their districts by tearing up the country with rioting and looting and allowing antifa amd BLM to have their way. Why hasn't our FBI ( the non crooked ones ) traced who finds these outlaws.
HuMcK
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An interesting glance at history for those unfamiliar with "the switch in time that saved nine".
https://en.m.wikipedia.org/wiki/The_switch_in_time_that_saved_nine
jbbear
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HuMcK said:

Sounds like a negotiation offer: telling McConnell to honor his own precedent, and Dems will keep the court at 9 if he does when they take the Senate. Of course, McConnell wouldn't know what good faith is if it bit him in his ass, so he plans to say "fck that precedent" and ram through a nominee.

Gonna be fun watching Republicans support a completely opposite position from just 4yrs ago...


Who controlled the Senate 4 years ago? Who controls it now? There's your precedent. I hope Trump nominates someone TODAY. If he gets re-elected he will likely get to replace a retiring Thomas. That would be FOUR justices. The Dem tears will be so extra salty.
Whiskey Pete
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jbbear said:

HuMcK said:

Sounds like a negotiation offer: telling McConnell to honor his own precedent, and Dems will keep the court at 9 if he does when they take the Senate. Of course, McConnell wouldn't know what good faith is if it bit him in his ass, so he plans to say "fck that precedent" and ram through a nominee.

Gonna be fun watching Republicans support a completely opposite position from just 4yrs ago...


Who controlled the Senate 4 years ago? Who controls it now? There's your precedent. I hope Trump nominates someone TODAY. If he gets re-elected he will likely get to replace a retiring Thomas. That would be FOUR justices. The Dem tears will be so extra salty.
I like Amy Barrett, but wonder is her nomination would wait for a Thomas retirement for her to take his spot. Amy Barrett would be the most conservative justice next to Thomas. She's more conservative than Kavanaugh

I wonder if Trump nominates a more moderate (but less liberal than Ginsburg) replacement, this go 'round.
cinque
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If McConnell doesn't abide by his own precedent, he will force the Dems to play by his rules and the Court will be expanded in a Biden administration.
Make Racism Wrong Again
4th and Inches
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cinque said:

If McConnell doesn't abide by his own precedent, he will force the Dems to play by his rules and the Court will be expanded in a Biden administration.
what Biden admin? Prior to yesterday, Trump was tracking to win again. You believing the hype.
FWBear
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cinque said:

If McConnell doesn't abide by his own precedent, he will force the Dems to play by his rules and the Court will be expanded in a Biden administration.


I don't think you know what that word means. And the only ones who will "force" Democrats to once again threaten our Republic will be other Democrats.
cinque
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Gruvin said:

cinque said:

If McConnell doesn't abide by his own precedent, he will force the Dems to play by his rules and the Court will be expanded in a Biden administration.
what Biden admin? Prior to yesterday, Trump was tracking to win again. You believing the hype.
Chuckle.Tracking how?
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ShooterTX
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cinque said:

If McConnell doesn't abide by his own precedent, he will force the Dems to play by his rules and the Court will be expanded in a Biden administration.


Sorry... you meant a Harris administration

Or more correctly, a Harris Soviet Central Committee
ShooterTX
cinque
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ShooterTX said:

cinque said:

If McConnell doesn't abide by his own precedent, he will force the Dems to play by his rules and the Court will be expanded in a Biden administration.


Sorry... you meant a Harris administration

Or more correctly, a Harris Soviet Central Committee
Stop being silly. It will be Biden who will expand the Court in a bow to precedent.
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ShooterTX
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cinque said:

ShooterTX said:

cinque said:

If McConnell doesn't abide by his own precedent, he will force the Dems to play by his rules and the Court will be expanded in a Biden administration.


Sorry... you meant a Harris administration

Or more correctly, a Harris Soviet Central Committee
Stop being silly. It will be Biden who will expand the Court in a bow to precedent.


What precedent exists for expanding the SCOTUS?
ShooterTX
cinque
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ShooterTX said:

cinque said:

ShooterTX said:

cinque said:

If McConnell doesn't abide by his own precedent, he will force the Dems to play by his rules and the Court will be expanded in a Biden administration.


Sorry... you meant a Harris administration

Or more correctly, a Harris Soviet Central Committee
Stop being silly. It will be Biden who will expand the Court in a bow to precedent.


What precedent exists for expanding the SCOTUS?
https://harvardlpr.com/2019/05/06/the-supreme-court-has-been-expanded-many-times-before-here-are-four-ways-to-do-it-today/
Make Racism Wrong Again
HuMcK
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SCOTUS started out with 6 Justices, then 7, then 9, then 10, then 7 again just to prevent Andrew Johnson from appointing any, then 9 again where it still stands. In the 1930s FDR came close to expanding it to 15.
4th and Inches
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cinque said:

Gruvin said:

cinque said:

If McConnell doesn't abide by his own precedent, he will force the Dems to play by his rules and the Court will be expanded in a Biden administration.
what Biden admin? Prior to yesterday, Trump was tracking to win again. You believing the hype.
Chuckle.Tracking how?
do you pay attention to things? It seems you are stuck in Bidens basement.

Cant do your homework for you... there is a poll that has Trump ahead and there are several polls that are tracking polling different than what people are actually claiming to vote... seems like they learned very little from 2016.

Tip of the iceberg but keep your head in the sand
ShooterTX
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cinque said:

ShooterTX said:

cinque said:

ShooterTX said:

cinque said:

If McConnell doesn't abide by his own precedent, he will force the Dems to play by his rules and the Court will be expanded in a Biden administration.


Sorry... you meant a Harris administration

Or more correctly, a Harris Soviet Central Committee
Stop being silly. It will be Biden who will expand the Court in a bow to precedent.


What precedent exists for expanding the SCOTUS?
https://harvardlpr.com/2019/05/06/the-supreme-court-has-been-expanded-many-times-before-here-are-four-ways-to-do-it-today/


You have to go back over 140 years for the last time this was done... and almost every case of changing the courts has been seen as a negative political move that needed to be corrected.

If Biden does this, then the next Republican president will just add another group of justice, and so on, and so on...

We could have 100 justices by 2044!

Only the dems would come up with such an evil idea.
ShooterTX
cinque
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Gruvin said:

cinque said:

Gruvin said:

cinque said:

If McConnell doesn't abide by his own precedent, he will force the Dems to play by his rules and the Court will be expanded in a Biden administration.
what Biden admin? Prior to yesterday, Trump was tracking to win again. You believing the hype.
Chuckle.Tracking how?
do you pay attention to things? It seems you are stuck in Bidens basement.

Cant do your homework for you... there is a poll that has Trump ahead and there are several polls that are tracking polling different than what people are actually claiming to vote... seems like they learned very little from 2016.

Tip of the iceberg but keep your head in the sand
I can't find them. Will you list them?
Make Racism Wrong Again
greatdivide
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Doc Holliday said:




I always forget how horribly awful she is. In the actual statement, she campaigns. This would be like giving a campaign stump speech during John Lewis' funeral. I will be glad when Trump leaves office but I am thankful she was never president. So many good candidates and these are our choices.
cinque
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greatdivide said:

Doc Holliday said:




I always forget how horribly awful she is. In the actual statement, she campaigns. This would be like giving a campaign stump speech during John Lewis' funeral. I will be glad when Trump leaves office but I am thankful she was never president. So many good candidates and these are our choices.
She would have been an excellent president and much better than what we have today.
Make Racism Wrong Again
Baylor3216
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ShooterTX said:

Gauntlet thrown

Let the battle begin




Boom goes the dynamite
Baylor3216
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HashTag said:

jbbear said:

HuMcK said:

Sounds like a negotiation offer: telling McConnell to honor his own precedent, and Dems will keep the court at 9 if he does when they take the Senate. Of course, McConnell wouldn't know what good faith is if it bit him in his ass, so he plans to say "fck that precedent" and ram through a nominee.

Gonna be fun watching Republicans support a completely opposite position from just 4yrs ago...


Who controlled the Senate 4 years ago? Who controls it now? There's your precedent. I hope Trump nominates someone TODAY. If he gets re-elected he will likely get to replace a retiring Thomas. That would be FOUR justices. The Dem tears will be so extra salty.
I like Amy Barrett, but wonder is her nomination would wait for a Thomas retirement for her to take his spot. Amy Barrett would be the most conservative justice next to Thomas. She's more conservative than Kavanaugh

I wonder if Trump nominates a more moderate (but less liberal than Ginsburg) replacement, this go 'round.


Kabanaugh isn't conservative. The court is not conservative. He's like the turncoat McCain. He's a Bush Bro. Tells you all you need to know and was chosen to appease the Bush faction

greatdivide
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cinque said:

greatdivide said:

Doc Holliday said:




I always forget how horribly awful she is. In the actual statement, she campaigns. This would be like giving a campaign stump speech during John Lewis' funeral. I will be glad when Trump leaves office but I am thankful she was never president. So many good candidates and these are our choices.
She would have been an excellent president and much better than what we have today.
Not a high bar and she still would not have cleared it. She stole that primary from Bernie with dirty tricks so she should not have even been the candidate. She is awful. Biden with dementia is a better candidate and everyone in the democratic party knows it. The democrats are smartly keeping her hidden through all this. The few times she has been allowed to speak, even her husband gave her stink eye. A truly despicable human but other than that, she's great.
FWBear
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cinque said:

ShooterTX said:

cinque said:

ShooterTX said:

cinque said:

If McConnell doesn't abide by his own precedent, he will force the Dems to play by his rules and the Court will be expanded in a Biden administration.


Sorry... you meant a Harris administration

Or more correctly, a Harris Soviet Central Committee
Stop being silly. It will be Biden who will expand the Court in a bow to precedent.


What precedent exists for expanding the SCOTUS?
https://harvardlpr.com/2019/05/06/the-supreme-court-has-been-expanded-many-times-before-here-are-four-ways-to-do-it-today/


So your support for the idea of doing it is to refer to clearly partisan moves from over 150 years ago and FDR's more recent threat to the judiciary all during dark times in the United States?

That's just great.
4th and Inches
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cinque said:

greatdivide said:

Doc Holliday said:




I always forget how horribly awful she is. In the actual statement, she campaigns. This would be like giving a campaign stump speech during John Lewis' funeral. I will be glad when Trump leaves office but I am thankful she was never president. So many good candidates and these are our choices.
She would have been an excellent president and much better than what we have today.
PartyBear
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HuMcK said:

An interesting glance at history for those unfamiliar with "the switch in time that saved nine".
https://en.m.wikipedia.org/wiki/The_switch_in_time_that_saved_nine
I was just about to use this phrase. Simply behaving responsibly about this vacancy by the Republicans would guarantee against any court expansion legislation as a top agenda item. That said the country has grown substantially since the last time we added District Courts. But naturally the GOP will continue its might makes right and war against the Democrats here and when it backfires and is flipped they will cry like puxxies when the Democrats decide to begin governing in kind toward them. Again though behaving responsibly about this, would create some good will.
HuMcK
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The last SCOTUS judge confirmed this close to an election was also during the pre Civil War era. The next closest was in the 1950s.
PartyBear
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The legislation that FDR proposed which died in the Senate due to his no longer pushing it after the "switch in time", was rather interesting and actually created incentive to retire. I believe it gave the President the authority to nominate up to 6 new SC Justices for every Justice who reached the age of 71 and remained on the Court.

Up to 6 sounds like alot of Justices to me. I dont know that I support doing it that way but one new one for every Justice who reached 80 ( a more modern view of "old age") is perhaps reasonable however the total number of Justices would be fluid. If it was built in that no Justice over 80 would be replaced when they left the court, that might make the number less fluid and not forever increasing in size. The simple idea of expanding it to 13 might be more simple.
cinque
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FWBear said:

cinque said:

ShooterTX said:

cinque said:

ShooterTX said:

cinque said:

If McConnell doesn't abide by his own precedent, he will force the Dems to play by his rules and the Court will be expanded in a Biden administration.


Sorry... you meant a Harris administration

Or more correctly, a Harris Soviet Central Committee
Stop being silly. It will be Biden who will expand the Court in a bow to precedent.


What precedent exists for expanding the SCOTUS?
https://harvardlpr.com/2019/05/06/the-supreme-court-has-been-expanded-many-times-before-here-are-four-ways-to-do-it-today/


So your support for the idea of doing it is to refer to clearly partisan moves from over 150 years ago and FDR's more recent threat to the judiciary all during dark times in the United States?

That's just great.

The Democrats are in a defensive posture and will respond to however Republicans choose to play their hand.
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FWBear
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cinque said:

FWBear said:

cinque said:

ShooterTX said:

cinque said:

ShooterTX said:

cinque said:

If McConnell doesn't abide by his own precedent, he will force the Dems to play by his rules and the Court will be expanded in a Biden administration.


Sorry... you meant a Harris administration

Or more correctly, a Harris Soviet Central Committee
Stop being silly. It will be Biden who will expand the Court in a bow to precedent.


What precedent exists for expanding the SCOTUS?
https://harvardlpr.com/2019/05/06/the-supreme-court-has-been-expanded-many-times-before-here-are-four-ways-to-do-it-today/


So your support for the idea of doing it is to refer to clearly partisan moves from over 150 years ago and FDR's more recent threat to the judiciary all during dark times in the United States?

That's just great.

The Democrats are in a defensive posture and will respond to however Republicans choose to play their hand.


Defensive posture? They've been on offense since before Trump took office.
greatdivide
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Harry Reid already showed how Dems would respond. More than likely the Dems take the Senate this year. If I voted a Dem into office and they did not push to get supreme court justice in, I would be really frustrated with them. Dems did not get Garland in because they did not have the votes because the American people did not give them that power last time. The American people and Harry Reid gave the Reps that power now.
settegast
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Doc Holliday said:

HuMcK said:

Sounds like a negotiation offer: telling McConnell to honor his own precedent, and Dems will keep the court at 9 if he does when they take the Senate. Of course, McConnell wouldn't know what good faith is if it bit him in his ass, so he plans to say "fck that precedent" and ram through a nominee.

Gonna be fun watching Republicans support a completely opposite position from just 4yrs ago...
A total of 61 SCOTUS justices have been nominated and confirmed to the Supreme Court since the turn of the last century (1900)

70% of these (43 Justices) were confirmed in *under 46 days* (the amount of time remaining until the Nov 3 Presidential election).

What precedent?


The precedent he set 4 years ago when he said he would let the people decide by voting for the next president with 10 months left. Same should apply. This replacement should be decided by the republic, not the republicans.
The two most dangerous things in the world are sincere ignorance and conscientious stupidity. MLK
cinque
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FWBear said:

cinque said:

FWBear said:

cinque said:

ShooterTX said:

cinque said:

ShooterTX said:

cinque said:

If McConnell doesn't abide by his own precedent, he will force the Dems to play by his rules and the Court will be expanded in a Biden administration.


Sorry... you meant a Harris administration

Or more correctly, a Harris Soviet Central Committee
Stop being silly. It will be Biden who will expand the Court in a bow to precedent.


What precedent exists for expanding the SCOTUS?
https://harvardlpr.com/2019/05/06/the-supreme-court-has-been-expanded-many-times-before-here-are-four-ways-to-do-it-today/


So your support for the idea of doing it is to refer to clearly partisan moves from over 150 years ago and FDR's more recent threat to the judiciary all during dark times in the United States?

That's just great.

The Democrats are in a defensive posture and will respond to however Republicans choose to play their hand.


Defensive posture? They've been on offense since before Trump took office.
Democrats have no power when it comes to who replaces Justice Ginsburg. We are totally at the mercy of Republicans until they decide to act. You get that, don't you?
Make Racism Wrong Again
FWBear
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cinque said:

FWBear said:

cinque said:

FWBear said:

cinque said:

ShooterTX said:

cinque said:

ShooterTX said:

cinque said:

If McConnell doesn't abide by his own precedent, he will force the Dems to play by his rules and the Court will be expanded in a Biden administration.


Sorry... you meant a Harris administration

Or more correctly, a Harris Soviet Central Committee
Stop being silly. It will be Biden who will expand the Court in a bow to precedent.


What precedent exists for expanding the SCOTUS?
https://harvardlpr.com/2019/05/06/the-supreme-court-has-been-expanded-many-times-before-here-are-four-ways-to-do-it-today/


So your support for the idea of doing it is to refer to clearly partisan moves from over 150 years ago and FDR's more recent threat to the judiciary all during dark times in the United States?

That's just great.

The Democrats are in a defensive posture and will respond to however Republicans choose to play their hand.


Defensive posture? They've been on offense since before Trump took office.
Democrats have no power when it comes to who replaces Justice Ginsburg. We are totally at the mercy of Republicans until they decide to act. You get that, don't you?


I see what you're saying. This is true.

But when the defense on this issue is to threaten to burn it all down and pack the Court ... that sounds like more of the same leftist offense.
cinque
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FWBear said:

cinque said:

FWBear said:

cinque said:

FWBear said:

cinque said:

ShooterTX said:

cinque said:

ShooterTX said:

cinque said:

If McConnell doesn't abide by his own precedent, he will force the Dems to play by his rules and the Court will be expanded in a Biden administration.


Sorry... you meant a Harris administration

Or more correctly, a Harris Soviet Central Committee
Stop being silly. It will be Biden who will expand the Court in a bow to precedent.


What precedent exists for expanding the SCOTUS?
https://harvardlpr.com/2019/05/06/the-supreme-court-has-been-expanded-many-times-before-here-are-four-ways-to-do-it-today/


So your support for the idea of doing it is to refer to clearly partisan moves from over 150 years ago and FDR's more recent threat to the judiciary all during dark times in the United States?

That's just great.

The Democrats are in a defensive posture and will respond to however Republicans choose to play their hand.


Defensive posture? They've been on offense since before Trump took office.
Democrats have no power when it comes to who replaces Justice Ginsburg. We are totally at the mercy of Republicans until they decide to act. You get that, don't you?


I see what you're saying. This is true.

But when the defense on this issue is to threaten to burn it all down and pack the Court ... that sounds like more of the same leftist offense.
The Dems should say nothing of their plans until Republicans decide what to do. If Mitch ignores his own precedent, Democrats will be forced to play by his rules.
Make Racism Wrong Again
fubar
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greatdivide said:

Harry Reid already showed how Dems would respond. More than likely the Dems take the Senate this year. If I voted a Dem into office and they did not push to get supreme court justice in, I would be really frustrated with them. Dems did not get Garland in because they did not have the votes because the American people did not give them that power last time. The American people and Harry Reid gave the Reps that power now.
So according to you, President Biden and the Dem Majority Senate should do what the majority of the American people give them the power to do, including adding about eight members to the Court. Got it.

Why then is this idea even controversial on this board?
 
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