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Reply #20: The Congress can increase the number of justices in the Supreme Court... [View All]

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Home » Discuss » Archives » General Discussion (1/22-2007 thru 12/14/2010)

Ozymanithrax

(1000+ posts) Send PM | Profile | Ignore

Sun Apr-11-10 09:10 PM
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20. The Congress can increase the number of justices in the Supreme Court...

This has been done 8 times.

Judiciary Act of 1801: Court size, 5
Repeal Act of 1802: Court size, 6
Judiciary Act of 1807: Court size, 7
Judiciary Act of 1837: Court size, 9
Judiciary Act of 1863: Court size, 10
Judiciary Act of 1866: Court size, 7
Judiciary Act of 1867: Court size, 8
Judiciary Act of 1869: Court size, 9

FDR tried to do it in 1937 and failed.

This would be an inherently partisan act designed to pack the court in favor of the left. It would most defiantly be filibustered and might even be opposed by the more Conservative members of the Democratic Caucus. In the current partisan climete it would be doomed to failure.

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