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Yavin4

(35,354 posts)
Tue Oct 27, 2020, 01:16 PM Oct 2020

Question about adding more seats to the SCOTUS and potential Republican retaliation.

If the Dems say add 4 seats, not all 13 SCOTUS justices would hear every case, right? It would still be nine justices (selected from the 13) that would hear cases. Is that right?

So, if the Republicans get back into power and add another 10 justices, they would still be selected from the 23, and then the Dems would add 15 when they get back in.

Thus, even if there are like 857 justices on the SCOTUS, only a selection of them would hear cases and there would be no guarantee that the majority of the selection would be conservatives.

I would be okay with 150 justices (3 per state). That would make the court more representative of America.

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Question about adding more seats to the SCOTUS and potential Republican retaliation. (Original Post) Yavin4 Oct 2020 OP
Why only 9? Never heard this. ret5hd Oct 2020 #1
No Reason All Thirteen Should Not Sit On a Case, Sir The Magistrate Oct 2020 #2
And 3 per state would be as big a fiasco... ret5hd Oct 2020 #3
Three per state? rzemanfl Oct 2020 #4
That's how the federal appeals courts work, DeminPennswoods Oct 2020 #5
Satire noted. Like an arms race. Frasier Balzov Oct 2020 #6
All 13 would sit on cases Buckeyeblue Oct 2020 #7
No the entire majority would hear the case. And as for GOP retaliation...if we add seats Demsrule86 Oct 2020 #8
Democrats should stop living in fear of Republicans. dalton99a Oct 2020 #9
Yep. No fear, just do what needs to be done Bettie Oct 2020 #14
Old rule of thumb was, Wellstone ruled Oct 2020 #10
Faulty premise. what leads you believe R's won't add seats even if we don't? CincyDem Oct 2020 #11
No indeed. lark Oct 2020 #12
The thought behind a 3 jusdge panel judeling Oct 2020 #13
Where do you get that idea? mcar Oct 2020 #15
Lets be honest - IF 45 wins and McConnell keeps the majority Cosmocat Oct 2020 #16

ret5hd

(20,433 posts)
3. And 3 per state would be as big a fiasco...
Tue Oct 27, 2020, 01:21 PM
Oct 2020

as the senate...states with essentially 0 population having the same sway as California or New York.

DeminPennswoods

(15,246 posts)
5. That's how the federal appeals courts work,
Tue Oct 27, 2020, 01:22 PM
Oct 2020

but with SCOTUS being the last stop, every case would be decided by the full co

Frasier Balzov

(2,598 posts)
6. Satire noted. Like an arms race.
Tue Oct 27, 2020, 01:31 PM
Oct 2020

There are 13 appellate courts though, and that does provide a rational basis for a supervisory justice assigned to each.

Buckeyeblue

(5,491 posts)
7. All 13 would sit on cases
Tue Oct 27, 2020, 01:32 PM
Oct 2020

And Republicans will add seats when they get the chance...that would mean they would have the president, Senate and House. So be it...

Unless of course we can get a constitutional amendment setting the number at 13.

Demsrule86

(68,347 posts)
8. No the entire majority would hear the case. And as for GOP retaliation...if we add seats
Tue Oct 27, 2020, 01:34 PM
Oct 2020

the 'normal' way, and the GOP gets in power with the Senate and the House, they will add seats period.

Bettie

(15,996 posts)
14. Yep. No fear, just do what needs to be done
Tue Oct 27, 2020, 02:10 PM
Oct 2020

they have been doing whatever fuckery they want to for years and our response has been timid at best.

No more. It is time to say NO to these assholes.

 

Wellstone ruled

(34,661 posts)
10. Old rule of thumb was,
Tue Oct 27, 2020, 01:38 PM
Oct 2020

one sitting Judge per Federal District. Now we have 13 Federal Districts so it makes sense to have 13 Justices. That was per Nancy Pelosi last evening on Chris Hayes. There is no set limit in our Constitution. It will be called a reblanceing of the Courts to reflect what our Nation looks like.

CincyDem

(6,281 posts)
11. Faulty premise. what leads you believe R's won't add seats even if we don't?
Tue Oct 27, 2020, 01:42 PM
Oct 2020


This is the argument I get into all the time re: Reid and the nuclear option on district/appellate judges.

People say "McConnell would have never eliminated the filibuster on SCOTUS judges if Reid hadn't done it on the lower courts first".

I have three words on that. Bull. F'cking. Chit.

If you believe for a moment that power hungry McConnell ONLY eliminated the SCOTUS filibuster as retaliation and he would never have done it first because he's somehow "afraid" to make the first move, you haven't been paying attention.

There is logic to 13...same as there was for 9...it's the number of circuits in the federal judiciary. Citizens of circuits covered by 2 justices are being underrepresented and, in fairness, each circuit should have it's presiding associate justice. so there ya go - 13.

But not doing something to move forward because we're afraid it will embolden the right to match it...yeah...that's nuts.

lark

(22,995 posts)
12. No indeed.
Tue Oct 27, 2020, 01:57 PM
Oct 2020

9 is not a fixed number for the court. It was 8 during the Civil War and 8 for a year under Obama because McTraitor. All 13 would hear the cases.

judeling

(1,086 posts)
13. The thought behind a 3 jusdge panel
Tue Oct 27, 2020, 02:07 PM
Oct 2020

At the Supreme Court level is that it would be a point where the Supreme's could normalize interpretations that are in conflict without setting a top level precedent. That way the Full Court would not step in unless there was a real fundamental constitutional question that had matured.

But I expect that what the Biden panel will come out with is a whole reorganization that will expand the judiciary and add two new district courts. The Supreme Court will be expanded to 15 to match the districts with 2 seats add immediately (that gives Roberts back the swing position) and 2 more added after the next 2 presidential elections.

Cosmocat

(14,543 posts)
16. Lets be honest - IF 45 wins and McConnell keeps the majority
Tue Oct 27, 2020, 02:14 PM
Oct 2020

They 100% will add more justices anyways after this debate, as a preemptive attack as well as McConnell will be bored with nothing to do (cause all he does is confirm judges).

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