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Biden to form commission to study Supreme Court changes


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The bipartisan commission will examine the length of service and turnover of justices on the court as well as its membership and size, the White House said.

 

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"The commission’s purpose is to provide an analysis of the principal arguments in the contemporary public debate for and against Supreme Court reform," the White House said.

 

The commission will be comprised of bipartisan group of scholars with expertise in constitutional law, history and political science, as well as former federal judges and court reform advocates. The committee will hold public meetings to hear from outside voices and will be directed to complete a report within 180 days of its first public meeting.

 

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I'm all for going in guns blazing with stuff like ending the filibuster in the Senate, but expanding the Supreme Court is one of those things where I'm actually scared that if the Dems expand it to 11, the Republicans will expand it to 13, then before you know it the Supreme Court is basically just a second Senate only with lifelong appointees.

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Just now, Fizzzzle said:

I'm all for going in guns blazing with stuff like ending the filibuster in the Senate, but expanding the Supreme Court is one of those things where I'm actually scared that if the Dems expand it to 11, the Republicans will expand it to 13, then before you know it the Supreme Court is basically just a second Senate only with lifelong appointees.


Maybe then we might actually get a change to that law as well? Seems like a win-win scenario.

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40 minutes ago, Fizzzzle said:

I'm all for going in guns blazing with stuff like ending the filibuster in the Senate, but expanding the Supreme Court is one of those things where I'm actually scared that if the Dems expand it to 11, the Republicans will expand it to 13, then before you know it the Supreme Court is basically just a second Senate only with lifelong appointees.

 

Well, when you consider that a large number of senators and representatives have been in DC for 20+ years...

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Who cares if the court keeps expanding? That means you have both branches and the presidency which historically happens about once a decade or so. And if you hold power through fair elections for many cycles you shouldn't have to fight the partisan judiciary. It also means that as you pass your agenda it gets to stay largely in place until the other side* takes the two houses and presidency. Elections should have consequences!

 

 

*At this point though the other side needs to be completely crushed so nearly all bets are off.

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56 minutes ago, Fizzzzle said:

I'm all for going in guns blazing with stuff like ending the filibuster in the Senate, but expanding the Supreme Court is one of those things where I'm actually scared that if the Dems expand it to 11, the Republicans will expand it to 13, then before you know it the Supreme Court is basically just a second Senate only with lifelong appointees.

 

6 minutes ago, Fizzzzle said:

It's more about the Supreme Court becoming basically another Senate if it gets to a point where there's like 50 justices or whatever. Having one Senate is bad enough.

 

The political arsonist/accelerationist in me isn't opposed to this notion.

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10 minutes ago, Fizzzzle said:

I read it and understood it, it just wasn't very relevant to the point I was making.

 

I would much rather they implement term limits than expand the courts. In my mind the former doesn't really matter all that much if they do the latter.


I’ll be the judge of what point you were making :|

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The President should be appointing someone to the court every two years. Implement term limits so the rotation works out. Put in some provisions to appoint temp justices if someone leaves office early.

 

That way every Presidential election has a very consistent effect on the court, and we change justices much more often than we do now.

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18 minutes ago, TwinIon said:

The President should be appointing someone to the court every two years. Implement term limits so the rotation works out. Put in some provisions to appoint temp justices if someone leaves office early.

 

That way every Presidential election has a very consistent effect on the court, and we change justices much more often than we do now.

Let's see, that would make it so each justice would serve in rotation every... 18 years? Assuming the longest serving member got bumped off the bench when a new one gets appointed.

 

Shit, if we're going that road and keeping the Supreme Court at 9, why not just make it every year? That makes the Supreme Court a 9-year appointment. The only issue I could see with that is the Senate constantly blocking appointments if they're in opposition to the President.

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38 minutes ago, SilentWorld said:

Two years would make sense. If it was every year then a two term president could almost completely stack the court. 

That is true:thinking:

 

A quick non-researched Google search says the average length of a supreme court justice is about 17 years. A 2-year appointment plan would actually make that longer. Of course that doesn't account for the ones that serve for like 30 years and appointing people in their 40's specifically so they'll be there a long time. Not to mention the protocol that would have to be established in case of death.

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4 hours ago, Anathema- said:

Make the court have one spot per district. Each spot is filled by a Justice from that district. Each case draws a random makeup. Disallow review of contests of power between legislative and executive branches. 

Just default the winner being the legislature

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5 hours ago, Anathema- said:

Make the court have one spot per district. Each spot is filled by a Justice from that district. Each case draws a random makeup. Disallow review of contests of power between legislative and executive branches. 

 

This is the only "expand the court" type system I would support.  I would envision it starting out with the 9 current justices being supplemented by 4 random judges from 4 random circuits.  Each time one of the current justices dies or retires, one more circuit judge is brought into the fold, and this continues until all of the justices are gone. 

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I was thinking today, the reason why drugs are still illegal is simply because of the controlled substances act, right? There's nothing in the constitution that says you can't get high. The supreme court upheld the law on the basis that the federal government can "regulate commerce." You can justify damn near anything based on "regulating commerce." Businesses can only sell donuts on Sundays? Regulating commerce. You can sell guns, but only to guys named jeb? Regulating commerce.

 

I understand that's what the courts are for, but I think there needs to be an overhaul in how we approach precedence. Like maybe a mandatory review every so often of decisions? A chance to go " I don't know what those idiots were smoking."

 

I'm aware of the can of worms that opens and I know it's really complicated, but policy being dictated because of shit that some racists thought was a good idea a hundred years ago might not be the best.

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2 minutes ago, b_m_b_m_b_m said:

The entire concept of judicial review is a dumb concept, especially as implemented now

I like when you talk dirty to me

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On the other hand, the only thing helping trans people in arkansas is the fact that their new bigot doctor law will probably get overturned by the courts. Then again, maybe the only reason that law got passed in the first place was because everyone KNEW it would get overturned and it was all just political theater at the expense of marginalized people. Who knows.

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