Be Careful What You Wish For…

 

I’m not thinking this scenario is likely at all. But sometimes on a lazy afternoon, it’s fun just to let your mind wander and pretend. So…

  1. Just prior to the 2022 Senate elections, Krysten Sinema and Joe Manchin cave, and with a tie-breaking vote from VP Harris and a slim majority from the house, and a signature from President Biden, the Supreme Court is expanded to 13 members.
  2. But before President Biden is able to bring any of his Supreme Court candidates up for a vote, the Republicans win the majority and January comes around more Rs than Ds are in the Senate.
  3. Majority Leader McConnell blocks any nominees from going through for two years.
  4. President Ron DeSantis places four new young conservative justices on the Supreme Court.

Again, not saying this is likely at all. But a whole lot of unlikely things have happened over the past few years.

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There are 11 comments.

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  1. Hugh Member
    Hugh
    @Hugh

    Oh you daydreamer you.

    • #1
  2. MWD B612 "Dawg" Member
    MWD B612 "Dawg"
    @danok1

    “Isn’t it pretty to think so?”

    • #2
  3. Bob Thompson Member
    Bob Thompson
    @BobThompson

    If we got to a Ron DeSantis Presidency in 2024, we would likely have a Republican House as well, so why not just repeal the law creating the 13-person Supreme Court and move for a Constitutional Amendment creating a permanent 9-person Court?

    • #3
  4. kedavis Coolidge
    kedavis
    @kedavis

    Bob Thompson (View Comment):

    If we got to a Ron DeSantis Presidency in 2024, we would likely have a Republican House as well, so why not just repeal the law creating the 13-person Supreme Court and move for a Constitutional Amendment creating a permanent 9-person Court?

    Why not?  Because amendment requires super-majority votes of House, Senate, AND states?

    • #4
  5. Eustace C. Scrubb Member
    Eustace C. Scrubb
    @EustaceCScrubb

    Bob Thompson (View Comment):

    If we got to a Ron DeSantis Presidency in 2024, we would likely have a Republican House as well, so why not just repeal the law creating the 13-person Supreme Court and move for a Constitutional Amendment creating a permanent 9-person Court?

    Because a 10-3 ruling bringing down Obergefell written by Thomas would be SWEET!

    • #5
  6. kedavis Coolidge
    kedavis
    @kedavis

    Eustace C. Scrubb (View Comment):

    Bob Thompson (View Comment):

    If we got to a Ron DeSantis Presidency in 2024, we would likely have a Republican House as well, so why not just repeal the law creating the 13-person Supreme Court and move for a Constitutional Amendment creating a permanent 9-person Court?

    Because a 10-3 ruling bringing down Obergefell written by Thomas would be SWEET!

    Also, if we make it so the left wants to leave US, rather than US having to leave THEM, it seems less likely that they would start a war over it.

    • #6
  7. Cassandro Coolidge
    Cassandro
    @Flicker

    Bob Thompson (View Comment):

    If we got to a Ron DeSantis Presidency in 2024, we would likely have a Republican House as well, so why not just repeal the law creating the 13-person Supreme Court and move for a Constitutional Amendment creating a permanent 9-person Court?

    There are a lot of possibilities.  Why not, when (and if) the Repubs ever take over just impeach or remove the liberal justices?  (I don’t even know how this is done.)  The reason not to is that the government survives by keeping to standard ways of operating and I suppose a concept of fairness.  But also once a process is opened, it’s hard to close it again, and it might easily be used against the Repubs later when power shifts again to the Dems.

    Asking how to deal with a packed court could be answered similarly, that the liberal justices would be impeached leaving the 9 (or reduced to 5) most conservative justices.  Again, changing the rules every time a side comes to power is a terrible way of running any organization, let alone a republic.

    But it seems reasonable that if the court were packed, and the Repubs gained power, they could simply reduce the number to 9 again, and remove the newest justices.

    Unfortunately, the Dems have no compunctions against breaking with standing tradition or processes.  So all new processes and justifications by either side are up for consideration no matter what the precedent is, so the republic is in for a rocky road anyway.  This is a terrible situation for the republic to be in.

    What is the process for removing judges, anyway?

    • #7
  8. navyjag Coolidge
    navyjag
    @navyjag

    I like the 10-3 scenario better.  Hey, thanks to Orange Man Bad, we have gotten 3 in a row conservative Justices. When is the last time that happened?  1870?

    • #8
  9. aardo vozz Member
    aardo vozz
    @aardovozz

    Alternatively, both parties could pack the court when they get in the majority and we could eventually have 330,000,000 or so justices.😎

    • #9
  10. ctlaw Coolidge
    ctlaw
    @ctlaw

    Biden would make the 4 nominations immediately upon signing. They would be confirmed the next day.

    • #10
  11. Steve Fast Coolidge
    Steve Fast
    @SteveFast

    From your lips to God’s ear.

    • #11
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