Anonymous ID: bd8290 Oct. 11, 2020, 1:22 a.m. No.11022587   🗄️.is 🔗kun

Too much written on this Scotus packing w/o looking objectively – it really is not necessarily a bad idea – it has baggage due to the label and the open fuckery of FDR but lets look at the constitution and history

 

The constitution Article III, Section I states that "The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish."

 

In other words there is NO requirement that the SCOTUS have one or fifty jusges – that is entirely up to Congress to pas a law which POTUS must sign – so there can be no unilateral “packing” of the court that is pure BS narrative

 

Since 1869 the number of justices has been fixed at nine (by the Judiciary Act of 1869): one chief justice, and eight associate justices

 

The Judicial Procedures Reform Bill of 1937, frequently called the court-packing plan,[3] was a proposal to add more justices to the Supreme Court by President Franklin D. Roosevelt shortly after his victory in the 1936 presidential election.

 

Although the bill aimed generally to overhaul and modernize the entire federal court system, its most controversial provision granted the President power to appoint an additional justice to the Supreme Court for every incumbent justice over the age of 70, up to a maximum of six

 

The flaw in this plan was not the extra justices but the fact that one POTUS would select them all! Think about the current structure – EVERY time a critical case comes down to one person – ONE who goes left or right. That is plain stupid - arguably it would be much better to have a larger panel that would even out the imbalance and the close decisions, and also make the appt. of any ONE justice less critical/powerful and therefore less political.

 

Imagine a SCOTUS with say 19 justices – does it not seem logical and natural that 10 to 9 decisions would be far less likely than the 5-4 we have every time now? And we would have a far wider range of approaches and views – which IMO is a good thing as too many judges already have fixed thinking = get some fresh blood in there and maybe even toss in a Constitutional Amendment referendum for state consideration to LIMIT life tenure! Of course the added justices could be phased in over many presidential terms to ensure no “packing” takes place. Anon believe this would be an improvement – right now the system is broke and ACB is not the solution.