Is it true Obama can grow the USSC from 9 to 11? And it's legal?

[Lil Missy]

I've never heard of this before .... And if so, I'd have to wonder why bratboy didn't do it?? (Not that I'm complaining)


http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=103x407727#407783


:shrug:

[Jennicut]

1. I don't know if that would go over well with anyone, its like stuffing the court

Like FDR tried to do.

[Solon]

2. If he tried to, Congress would raise holy hell, like they did to FDR...

its called "packing the court" and it is Constitutional because the Constitution doesn't set how many Justices are supposed to be on the Supreme Court.

[Lil Missy]

8. Oh man, freepers heads would explode! LOL! n/t

[liberalpragmatist]

3. It used to be common for Congress to change the number of Supreme Court seats

It was very common in the 19th Century. However, it had obviously partisan foundations and by the time of the 20th Century, it stopped being done. FDR tried in 1937 but failed and it caused a big backlash. Since then, the Court has been set at 9.

[pinto]

5. That's about the gist of it, in my understanding as well.

[Pirate Smile]

4. NO.

[IndianaGreen]

6. Constitution does not specify number of SCOTUS judges

FDR tried to pack the court and he was soundly repudiated.

However, Congress is free to create as many courts as it wishes.

[backscatter712]

7. Obama can't. Congress can.

Pity we didn't quite make sixty Dems in the Senate.

[Lil Missy]

9. Maybe in 2010.

:D

[onenote]

11. wouldn't have mattered if we made 60 (or even 70)

No president -- Obama included -- is going to try to change the number of justices on the SCOTUS. When FDR tried it, there were 96 Senators and 76 of the were Democrats - a huge majority. But the idea still blew up in FDR's face.

[tritsofme]

10. FDR tried it, and almost doomed his presidency.

No one will ever try again.

[Renew Deal]

12. They can grow it or shrink it.

I think it takes an act of congress.

[Occam Bandage]

13. FDR tried it. It nearly destroyed FDR. Obama won't make the same mistake. nt

[TheKentuckian]

14. Its a bad idea because the entire practice leads to a nuclear option kind of deal

here you'll have thousands of Supreme Court Justices as the pendulum swings.