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Commissioner [907]
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The expansion of the SCOTUS
Sep 22, 2020, 11:33 AM
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Am I wrong, but doesn't it required an amendment to the Constitution of the US to change how many justices there are in the Supreme Court.
And don't amendments have to be voted on by the states to be implemented. And, at least 2/3rds of the states have to vote in favor of the amendment.
Don't know if that's right? Anybody a Constitutionalist tats has the answer?
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Rock Defender [53]
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Re: The expansion of the SCOTUS
Sep 22, 2020, 11:36 AM
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Hall of Famer [21558]
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You are wrong.***
Sep 22, 2020, 11:37 AM
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All-In [46801]
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Yep, The Constitution really doesn't do much with
Sep 22, 2020, 11:42 AM
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the court system except sets up the Supreme Court.
It didn't even give it the power of Judicial Review.
Marbury v. Madison did that.
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All-In [47701]
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Hypothetical SCOTUS question.
Sep 22, 2020, 11:45 AM
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Lets say Hiden Biden wins and the dems keep the house and take the senate. They pack the court to 13 Justices. Then in 2024 after Amurica realizes the dem adventure was a major mistake they put the pubs back in both houses and the WH.
Could congress then reduce the SCOTUS back to 9? Would the Justices then be removed on a LIFO scenario?
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Rock Defender [53]
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I think yes and yes
Sep 22, 2020, 11:59 AM
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All-In [48963]
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It’s already a ridiculous back and forth
Sep 22, 2020, 12:07 PM
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That’s where we are. That’s the current state Of our Republic.
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Rock Defender [53]
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Re: It’s already a ridiculous back and forth
Sep 22, 2020, 12:09 PM
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All-In [48963]
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No, they aren’t...
Sep 22, 2020, 12:16 PM
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If they had held a vote on Garland and refused to confirm, then holding a vote now would be reasonable. You can’t express a principle, claim it is based on precedence, and then abandon it 4 years later and say you are operating within existing precedent.
The fact that you hold republicans blameless in everything doesn’t surprise me even a little bit though.
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Rock Defender [53]
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Look at the stats bro
Sep 22, 2020, 12:21 PM
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All-In [48963]
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Good lord you are a partisan hack...
Sep 22, 2020, 12:46 PM
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I never said it was all one sides fault. I said it was a back and forth. You, apparently only see the forth and you stick your fingers in your ears and hum loudly when there is a back. You started with the premise that the dems stacking the court if they get power would lead to a back and forth - I say we're already in one, and your response is basically no we're not Pubs are super principled and its all the dems fault.
You're either not very bright, which I don't think is the case, willfully obtuse or simply trying to win political arguments as if they were Carolina Clemson games.
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Rock Defender [53]
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Re: Good lord you are a partisan hack...
Sep 22, 2020, 12:54 PM
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All-In [48963]
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Re: Good lord you are a partisan hack...
Sep 22, 2020, 12:57 PM
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2016, Sen. Ted Cruz (R-Texas): “It has been 80 years since a Supreme Court vacancy was nominated and confirmed in an election year. There is a long tradition that you don’t do this in an election year.” 2018, Sen. Lindsey Graham (R-S.C.): “If an opening comes in the last year of President Trump’s term, and the primary process has started, we’ll wait to the next election.” 2016 [TO MERRICK GARLAND] Sen. Lindsey Graham (R-S.C.): “I wouldn’t vote for me to fill this vacancy, and there’s nobody I like more than me, so it’s not personal.” 2016, Sen. Lindsey Graham (R-S.C.): “If a Democrat wins in November, and they pick somebody like Judge Garland, it would probably be a good pick, but historically we don’t fill the vacancies this close to an election.” 2016, Sen. Tim Scott (R-S.C.): "I will not consider any Supreme Court nominee until after the country has elected our next president in November and they have taken office in January 2017." 2016, Sen. John Cornyn (R-TX): "At this critical juncture in our nation's history, Texans and the American people deserve to have a say in the selection of the next lifetime appointment to the Supreme Court." 2016, Sen. Deb Fischer (R-Neb): "It is crucial for Nebraskans and all Americans to have a voice in the selection of the next person to serve a lifetime appointment on the Supreme Court, and there is precedent to do so. Therefore, I believe this position should not be filled until the election of a new president." 2016, Sen. Richard Shelby (R-AL): "This critical decision should be made after the upcoming presidential election so that the American people have a voice." 2016, Sen. Roger Wicker (R-Miss): "The American people should have the opportunity to make their voices heard before filling a lifetime appointment to the nation's highest court." 2016, Sen. Marco Rubio (R-Fla.): “I don’t think we should be moving on a nominee in the last year of this president’s term - I would say that if it was a Republican president.” 2016, Sen. John Thune (R-SD): "Since the next presidential election is already underway, the next president should make this lifetime appointment to the Supreme Court.” 2016, Sen. Mike Rounds (R-SD): "I believe that Justice Scalia’s replacement should be nominated by the next President of the United States.” 2016, Sen. David Perdue (R-Ga.): “The very balance of our nation’s highest court is in serious jeopardy. As a member of the Senate Judiciary Committee, I will do everything in my power to encourage the president and Senate leadership not to start this process until we hear from the American people.” 2016, Sen. Chuck Grassley (R-Iowa): “A lifetime appointment that could dramatically impact individual freedoms and change the direction of the court for at least a generation is too important to get bogged down in politics. The American people shouldn’t be denied a voice.” 2016, Sen. Chuck Grassley (R-Iowa): “The people deserve to be heard, and they should be allowed to decide through their vote for the next president the type of person who should be on the Supreme Court.” 2016, Sen. Thom Tillis (R-N.C.): “The campaign is already under way. It is essential to the institution of the Senate and to the very health of our republic to not launch our nation into a partisan, divisive confirmation battle during the very same time the American people are casting their ballots to elect our next president.” 2016, Sen. Richard Burr (R-N.C.): “In this election year, the American people will have an opportunity to have their say in the future direction of our country. For this reason, I believe the vacancy left open by Justice Antonin Scalia should not be filled until there is a new president.” 2016, Sen. Roy Blunt (R-Mo.): “The Senate should not confirm a new Supreme Court justice until we have a new president.” 2016, Sen. Cory Gardner (R-Col.): “I think we’re too close to the election. The president who is elected in November should be the one who makes this decision.” 2016, Sen. Rob Portman (R-Ohio): “I believe the best thing for the country is to trust the American people to weigh in on who should make a lifetime appointment that could reshape the Supreme Court for generations. This wouldn’t be unusual. It is common practice for the Senate to stop acting on lifetime appointments during the last year of a presidential term, and it’s been nearly 80 years since any president was permitted to immediately fill a vacancy that arose in a presidential election year.” 2016, Sen. Ron Johnson (R-Wisc.): “I strongly agree that the American people should decide the future direction of the Supreme Court by their votes for president and the majority party in the U.S. Senate.” 2016, Sen. Joni Ernst (R-Iowa): "We will see what the people say this fall, and our next president, regardless of party, will be making that nomination.” 2016, Sen. Orrin Hatch (R-Utah): “They are, of course, free to claim that the Constitution requires, today, the very hearings and floor votes that they denied to Republican nominees in the past. They may say those falsehoods as often as they wish, but they are still false.” 2016, Sen. Mike Lee (R-Utah): "The Senate has chosen to exercise its power and let the next president fill this vacancy.” 2016, Sen. John Barrasso (R-WY): "A president on his way out of the White House should not make a lifetime appointment to the Supreme Court. The American people will soon decide our next president. That person should get to choose the next Supreme Court nominee. Give the people a voice, and let them chart the course for the court and the country." 2016, Sen. Pat Roberts (R-KS): "It is not in the Constitution that the Senate must vote." 2016, joint statement by Sen. Jim Inhofe and Sen. James Lankford (R-OK): "A presidential election year is not the right time to start a nomination process for the Supreme Court." 2016, Sen. Dan Sullivan (R-Alaska): "The decision to withhold advancement of Mr. Garland’s nomination isn’t about the individual, it’s about the principle. Alaskans, like all Americans, are in the midst of an important national election. The next Supreme Court justice could fundamentally change the direction of the Court for years to come. Alaskans deserve to have a voice in that direction through their vote, and we will ensure that they have one.” 2016, Sen. Pat Toomey (R-Penn): "With the U.S. Supreme Court’s balance at stake, and with a presidential election fewer than eight months away, it is wise to give the American people a more direct voice in the selection and confirmation of the next justice.” 2016, Sen. Steve Daines (R-MT): "The American people have already begun voting on who the next president will be, and their voice should continue to be reflected in a process that will have lasting implications on our nation. The U.S. Senate should exercise its constitutional powers by not confirming a new Supreme Court justice until the American people elect a new president and have their voices heard." 2016, Sen. John Boozman (R-MT): "Our country is very split and we are in the midst of a highly contested presidential election. My colleagues and I are committed to giving the American people a voice in the direction the court will take for generations to come.” 2016, Sen. Lamar Alexander (R-Tenn): "This debate is not about Judge Garland. It's about whether to give the American people a voice in the selection of the next Supreme Court justice."
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Rock Defender [53]
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LOL you libbies all get your copy pasta from
Sep 22, 2020, 1:01 PM
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All-In [48963]
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So just trolling then...
Sep 22, 2020, 1:04 PM
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I guess I probably knew that going in, but I had hope you were deeper than a kiddie pool.
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All-In [46801]
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I love the pubs are using this
Sep 22, 2020, 12:53 PM
[ in reply to Look at the stats bro ] |
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WELL WE'VE BEEN PICKING SUPREME COURT JUSTICES IN ELECTION YEARS ALL THESE TIMES.
Which is a self burn for McConnell not doing it in 2016.
WE DID IT SO MUCH, FORGET THAT ONE TIME.
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Rock Defender [53]
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As usual you are the dim bulb
Sep 22, 2020, 2:27 PM
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All-In [46801]
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So Mitch should not do his constitutional duty because
Sep 22, 2020, 8:14 PM
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the votes aren't there?
Like the 100's of bills he will not allow to come for a vote?
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All-In [46801]
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Both would be terrible thing for the country
Sep 22, 2020, 12:06 PM
[ in reply to Hypothetical SCOTUS question. ] |
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but the answer is, nobody knows because it's never happened before.
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Hall of Famer [22381]
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Lots of benefits to expanding the number of Justices.
Sep 22, 2020, 12:53 PM
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The federal circuit courts allow anywhere from 6 to 29 judges. Panels of 3 judges are randomly assigned to cases. It would reduce the chances of a swing voter dominating decisions while increasing the random selection of judges which would reduce partisan decisions and extended partisan court swings. The full panel of judges could review any decision of a 3 judge panel, providing consistency.
Plus a larger court could hear more cases and provide for more experienced judges, clerks, and lawyers. A 2014 Reuters investigation found that just 66 lawyers, of whom 63 were white and 58 were men, were six times as likely to get their cases heard than any other lawyers. Half were former Supreme Court clerks.
Seems like a perfectly reasonable discussion to me.
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All-In [31864]
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Oh stop it***
Sep 22, 2020, 1:13 PM
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Hall of Famer [22381]
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Nope. Have to agree with Jonathan Turley about expansion
Sep 22, 2020, 1:34 PM
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it would reduce the power of individual justices and increase turnover on the court, assuring each president multiple opportunities to replace justices and reduce the partisanship while reducing the public perception of political bias.
Perfectly legal and probably a much better system than the current one.
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Rock Defender [53]
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Re: Nope. Have to agree with Jonathan Turley about expansion
Sep 22, 2020, 1:35 PM
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Hall of Famer [22381]
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Like slavery and women's suffrage, things can be improved.
Sep 22, 2020, 1:39 PM
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Surely, you can come up with something better than that.
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Rock Defender [53]
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Re: Like slavery and women's suffrage, things can be improved.
Sep 22, 2020, 1:43 PM
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Hall of Famer [22381]
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As usual, you have nothing to offer to support your point
Sep 22, 2020, 1:46 PM
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"It's always been that way, Bubba."
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Rock Defender [53]
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LOL you’re a joke
Sep 22, 2020, 1:52 PM
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Hall of Famer [22381]
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All-In [31864]
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It is legal, but would have been more believable had...
Sep 22, 2020, 1:56 PM
[ in reply to Nope. Have to agree with Jonathan Turley about expansion ] |
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it not be brought up in the context of revenge.
If the court is to have legitimacy, as everyone wants/says, then plan to expand the court 8 yrs out so it's not a clear power grab.
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All-In [26968]
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It's the kind of thing you wish would require
Sep 22, 2020, 2:03 PM
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a 2/3 vote passage in Congress.
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Hall of Famer [22381]
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However some may want to spin it, it would be about
Sep 22, 2020, 2:03 PM
[ in reply to It is legal, but would have been more believable had... ] |
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balance. The court is losing its legitimacy. It's an attempt to restore balance to the courts that reflects the will of the people.
That's the primary point of the change to a larger number of Judges, and more comparable to the federal system.
Perfectly legal and reasonable change for the better.
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Oculus Spirit [93618]
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All-In [26968]
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I'm not against the principle of it...
Sep 22, 2020, 1:56 PM
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But if it's being done for political retaliation, or to swing the court ideologically, then those are the EXACT WRONG reasons to do it.
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Hall of Famer [22381]
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That is exactly the point.
Sep 22, 2020, 2:10 PM
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To reduce the effects of partisanship on the courts, to eliminate the power of one judge in a divided court, and to reduce the ability of one president to politically retaliate or stack the courts.
Jonathan Turley is a Republican. He has been proposing it for a long time.
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