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The current composition of the Supreme Court is a relatively new thing, only having been around since 1948. The nation's population and demographics have greatly shifted in the past 57 years, and it's time to reconsider the makeup of the Court.
If we can retake the House and Senate in 2006, we can effectively block most aspects of the Bushistas, including any future nominations. Then, after retaking the White House in 2008, we make a move....
A Judicial Act of 2009 could increase the number of Associate Justices of the Supreme Court from eight to ten, granting the new President two immediate appointments. This would effectively negate the presence of Roberts and Miers. Then, the new President would be in position to deal with the retirements of Stevens and, shortly afterward, Scalia and Kennedy.
This is not a brazen attempt at Court Packing, like Roosevelt tried. (He wanted to appoint five new Justices, not two.) Nor is it increasing the size of the Court unreasonably; the Court was at 11 for a number of years, and has been as low as six members at one point.
So, if we can't stop Mier, we just have to sit back and put things to rights when we're back in power.
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