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Michael Biales's avatar

They do not have to be removed. If Biden (or some other Democrat) can win and we keep the Senate, but with real Dems, not Sinema and Manchin, the DEm President can nominate and the Senate approve of 3 additional Justices retaking the majority. Roberts could impede progress, but probably couldn't stop it. Hopefully, an inforcable code of conduct who cause Thomas and Alito to recuse themselves.

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Angelica's avatar

Stacking the court is not the answer but term limits on the justices is. Them being there for life is ridiculous considering the lifespan now is 100!

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Marla's avatar

The problem with that is that term limits for the SC will most likely require a constitutional amendment, which is nigh near impossible. As it is designed to be.

However, expanding the court only requires an act of Congress, since that is fully within the purview of Congress. Last set at 9 in 1869, it's due for a change, since we're a much more populous nation now.

13 seats on the Supreme Court to match the number of District Courts.

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Mary Baine Campbell's avatar

The average lifespan of an American was 76.33 years in 2021 and has been going down for almost 10 years.

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Tracy Sample's avatar

Lifespans for those that have led cushy careers arenтАЩt going down though.

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Donna R's avatar

SCOTUS needs yo be expanded to 13 justices which would mean one justice per circuit court of appeals, consistent with how the number of justices was originally determined, so each justice can oversee one circuit.

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Matt Fulkerson's avatar

Don't forget there is the filibuster. And 6-6 is not a majority.

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Lynell(VA by way of MD&DC)'s avatar

After Democrats ended the filibuster for all presidential nominees except SCOTUS, Republicans ended the filibuster for Supreme Court nominees ("Reid orchestrated a move to lower the Senate vote threshold to 51 to confirm most presidential appointments тАФ but not nominees to the Supreme Court."):

https://www.usatoday.com/story/news/factcheck/2020/10/01/fact-check-gop-ended-senate-filibuster-supreme-court-nominees/3573369001/

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Matt Fulkerson's avatar

Thanks, I didn't know.

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John Jennrich's avatar

Alas, not a chance that Joe Biden would do that. He has done well for the past 3+ years and I applaud his progress. But he is a traditional politician and stacking the court is not a traditional action. I agree that increasing the size of the court and appointing liberal justices is a good idea. I just don't think it's feasible.

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Lynn OтАЩNeal's avatar

тАЬStacking the courtтАЭ needs to be replaced with тАЬaligning the court to correspond to the number of circuit courts as originally designed.тАЭ More palatable?

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Lynell(VA by way of MD&DC)'s avatar

Lynn, I have heard people saying stacking or expanding hits people the wrong way. Unpacking has been suggested but I like your idea of aligning.

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Bill Katz's avatar

I do believe a super majority would be needed. Since it would be BidenтАЩs last term, he might just embark on such a plan. DonтАЩt rule it out.

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Anne O. Green Gables's avatar

ThatтАЩs a bit long to wait

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