this post was submitted on 03 Oct 2023
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[–] [email protected] 38 points 1 year ago* (last edited 1 year ago) (5 children)

Democrats should pack the courts, should have been a day 1 assignment for Biden. No reason not to after the bullshit they pulled with Obama and then reversed stance on with Trump.

[–] [email protected] 15 points 1 year ago (1 children)

I agree they should pack the court, but also congress has impeachment power and several of the justices have been proven to not follow ethical rules. Not to mention the credible SA allegations and the illegitimacy of depriving Merrick Garland a vote and giving to Gorsuch. Finally, Congress could also just enshrine Roe into law and could have at any time done so and they didn’t so I blame Congress more than anybody

[–] K1nsey6 6 points 1 year ago

If Democrats actually did their job in Congress we wouldnt need to rely on SCOTUS as much,

[–] [email protected] 4 points 1 year ago

It should be done, but Biden has never had the opportunity.

The size of SCOTUS is set by statute, and would need a law passed by the house and senate to do so. Democrats don't hold the house today, but did in the prior congress. That vote likely could have succeeded. It would have failed in the senate. At the time the senate was 50-50 and I cannot possibly imagine any scenario where Manchin and Sinema would have voted for that law. King and Feinstein wouldn't have been certain votes either, but likely winnable if it came down to the wire. Even if all of them did vote aye, regular legislation can be filibustered and there is definitely 0% chance that Manchin+Sinema would have voted to kill the filibuster.

Dems need a house majority and at least a 52-48 senate majority for this to happen. I suspect that rage has already faded enough that it won't happen even then, barring SCOTUS doing more Dobbs sized awful decisions.

[–] [email protected] 1 points 1 year ago

Supreme Court was never meant to take cases. Overturn Marbury v. Madison.

[–] MindSkipperBro12 0 points 1 year ago

We kinda have to wait for the justices to either retire or die off, for better or for worse.