President Biden Could Immediately Nominate 10 New Justices

[T. A. Gardner]

The Constitution does not say how many Supreme Court Justices there are supposed to be. If Republicans want to ignore tradition, then Democrats can too. A newly elected President Biden could nominate 10 new justices, which would be the majority of the 19 member court.

I am tired of Democrats always respecting the rules while Republicans break them.

This is untrue. FDR tried to pack the court in that way, more or less, and got a smackdown from Congress for it.

https://www.history.com/this-day-in-...t-packing-plan
https://en.wikipedia.org/wiki/Judiciary_Act_of_1869
https://en.wikipedia.org/wiki/Judici...m_Bill_of_1937
https://www.fjc.gov/history/timeline...t-packing-plan

So, no, Biden can't do that and anyone who says he can is talking out their ass.

[Walt]

This is untrue. FDR tried to pack the court in that way, more or less, and got a smackdown from Congress for it.

FDR threatened to pack the court, and the Republicans backed down, so FDR no longer needed to make the threat.

We will see if Republicans back down this time.

[T. A. Gardner]

FDR threatened to pack the court, and the Republicans backed down, so FDR no longer needed to make the threat.

We will see if Republicans back down this time.

Wrong. FDR threatened to pack the court, and Congress passed even stronger legislation to stop him than what was already in place to stop him. I even listed links to it. Court packing isn't legally possible.

[Walt]

Court packing isn't legally possible.

Court packing is very legally possible. Congress can change the laws to allow court packing whenever they want. A Democratic Congress that saw centuries old precedent thrown out by Republicans would have every incentive to do so.

One thing Republicans forget about the nuclear options is that they tend to be responded to by nuclear options. We can threaten to nuke China, but once we do, we lose the ability to threaten to nuke China, and they gain the reasonable path of nuking us.

[Minister of Truth]

We do need to amend the Constitution to fix the Court at nine. Anyone think we can get it passed by 37 legislatures?

[ExpressLane]

If the GOP and Trump wins the house and senate and White House I guess he will have to pack the court with ten more justices.. How would you Dems like that?

[volsrock]

The Constitution does not say how many Supreme Court Justices there are supposed to be. If Republicans want to ignore tradition, then Democrats can too. A newly elected President Biden could nominate 10 new justices, which would be the majority of the 19 member court.

I am tired of Democrats always respecting the rules while Republicans break them.

Biden Predicts 2/3rds of U.S. population will die today..he may not have 10 qualified to name

[archives]

This is untrue. FDR tried to pack the court in that way, more or less, and got a smackdown from Congress for it.

https://www.history.com/this-day-in-...t-packing-plan
https://en.wikipedia.org/wiki/Judiciary_Act_of_1869
https://en.wikipedia.org/wiki/Judici...m_Bill_of_1937
https://www.fjc.gov/history/timeline...t-packing-plan

So, no, Biden can't do that and anyone who says he can is talking out their ass.

Not entirely true, the number has been changed in 1802 and 1869, meaning a precedent has been set

[ExpressLane]

Court packing is very legally possible. Congress can change the laws to allow court packing whenever they want. A Democratic Congress that saw centuries old precedent thrown out by Republicans would have every incentive to do so.

One thing Republicans forget about the nuclear options is that they tend to be responded to by nuclear options. We can threaten to nuke China, but once we do, we lose the ability to threaten to nuke China, and they gain the reasonable path of nuking us.

If we used a 4 of our Ohio class and launched 96 trident missiles each with multiple war heads China might have a hard time responding. China would do better keeping the status quo so would the Dems.

[Nordberg]

The Dems will not do it. They respect history and don't stir shit up for short term gains. If it were the Repubs in this spot, we would have a congressional fight tomorrow.

[T. A. Gardner]

Court packing is very legally possible. Congress can change the laws to allow court packing whenever they want. A Democratic Congress that saw centuries old precedent thrown out by Republicans would have every incentive to do so.

One thing Republicans forget about the nuclear options is that they tend to be responded to by nuclear options. We can threaten to nuke China, but once we do, we lose the ability to threaten to nuke China, and they gain the reasonable path of nuking us.

Yes, that is true. What are the chances that Congress can overturn 150 years of law and precedence to do this? Let's say Congress flips this election and both houses have a Democrat majority and a Democrat president and they actually follow through on that and do it? What are the chances come the mid-terms that the Democrats face the worst defeat in the history of this nation in a mid-term election? I'd say they're damn good. That would be the end of the Democrats having power for 10 to 20 years. They'd destroy their chances if they did.
If there's one thing in the American psyche that nobody likes is a cheater that cheated them. Americans don't give a shit about a cheater that cheated "the system." They could care less about a cheater who got away with it undetected for years. Hell, many might celebrate that. Just so long as the cheating doesn't become personal. The second it does, the second the average American thinks they've been cheated is the second they go to war on your ass. The public would demolish the Democrats for it.

If the Democrats did that, it'd be seen as changing the rules in the middle of a baseball or football game to let one team win when the other was winning. Nobody will stand for that.

[T. A. Gardner]

Not entirely true, the number has been changed in 1802 and 1869, meaning a precedent has been set

Doing it simply because your party doesn't like the line up is a different thing. That will be seen as playing dirty, underhanded, and changing the rules in the middle of the game. The Democrats would have to be willing to take the backlash for it. And that backlash would leave them powerless for at least a decade.

[Grokmaster]

The Constitution does not say how many Supreme Court Justices there are supposed to be. If Republicans want to ignore tradition, then Democrats can too. A newly elected President Biden could nominate 10 new justices, which would be the majority of the 19 member court.

I am tired of Democrats always respecting the rules while Republicans break them.

THE LAW DOES. AS OF 1886.

[Stretch]

They (Dems) respect history and don't stir shit up for short term gains.

Not really.

[Grokmaster]

Not entirely true, the number has been changed in 1802 and 1869, meaning a precedent has been set

THE LEGAL STATUTORY LIMIT WAS SET, BY LAW, IN 1886, AT NINE.