Henry Chinaski
Steve Lepore
- Joined
- Mar 27, 2011
- Messages
- 3,551
- Reaction score
- 1,177
When ACB is confirmed and Democrats + Biden take back the White House and Senate:
1. Expand the court to 11
2. Confirm 2 young jurists to the court (lifetime appointment) with Appeals Court experience
3. Pass a law restricting SCOTUS appointments to an 18 year term (11 existing justices grandfathered in for lifetime) with an effort to enshrine this through a constitutional amendment related to Congress' ability to expand/reduce the size of the court (very difficult for the latter part but worth a try from everyone involved).
This leaves the conservatives with a one justice majority, balances out the last two appointments (Kavanaugh and ACB) which were "constitutionally permissible and legal" yet entirely political with a response that is "constitutionally permissible and legal" yet also entirely political, and also addresses an institutional gap where Congress has the ability to constantly change the size of the Supreme Court and play politics with the confirmation timing associated with the random temporal nature of deaths (by removing lifetime appointments).
We've relied on good faith actors far too much without addressing obvious constitutional and structural issues and we're staring down the barrel of the last four years of no good faith actors whatsoever from one major party. It's time to stop relying on any conservatives to do what is right rather than politically beneficial or expedient. That ship has sailed.
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