Official Notice That the Supreme Court Will Review a Case
When Justice Ruth Bader Ginsburg passed away on September xviii, 2020, many Americans didn't take the proper fourth dimension to grieve — instead, they panicked well-nigh what her passing meant for the hereafter of the land. Holding the balance of an entire democracy is too dandy a burden for anyone'south shoulders, and Justice Ginsburg had been carrying that weight for a long, long time. Instead of belongings space for her passing, Republican politicians wasted no time in queuing upwards a nominee for the empty Supreme Court seat, eventually landing on Amy Coney Barrett — a longtime Notre Dame Law School professor who served fewer than iii years on the Seventh Circuit before her nomination to the highest court in the American judicial organisation.
In 2016, and then-Senate Majority Leader Mitch McConnell infamously vowed to block President Obama's outgoing Supreme Court nomination of Merrick Garland on the grounds that the American people should have a "voice" and that to blitz a nomination (and confirmation) would exist to overly politicize the issue. In 2020, nonetheless, McConnell didn't agree to those principles he outlined four years earlier, leading to Barrett's confirmation hearings and equally rushed swearing in anniversary, which took place about a calendar week earlier Election Mean solar day on October 26, 2020.
This move led many to criticize McConnell, including New York Representative Alexandria Ocasio-Cortez (@AOC), who simply tweeted, "Aggrandize the courtroom." Additionally, Massachusetts Senator Ed Markey (@EdMarkey), who is Ocasio-Cortez's Green New Deal co-author, tweeted, "Mitch McConnell set the precedent. No Supreme Courtroom vacancies filled in an election year. If he violates it, when Democrats control the Senate in the next Congress, we must abolish the filibuster and expand the Supreme Court."
The Number of Supreme Court Seats Has Been Adjusted Earlier — Hither'south How It's Done
This call for a SCOTUS expansion has led many to wonder: Is such a move fifty-fifty possible? The brusque respond: aye. Congress could hands modify the number of seats on the Supreme Court bench. According to the Supreme Court'southward website, "The Constitution places the power to determine the number of Justices in the easily of Congress" — simply some other example of those supposed checks and balances that guide a ramble authorities. In fact, the number of Justices has shifted several times throughout the Court'southward history. In 1789, the first Judiciary Act set the number of Justices at six; during the Civil War, the number of seats went upwards to nine and and so briefly 10; and, once President Andrew Johnson took role, Congress passed the Judicial Circuits Act in 1866, cut the number of Justices to seven then that Johnson couldn't stack the court in favor of Southern states.
Since 1869, however, the Supreme Court has been equanimous of nine Justices. In semi-contempo history, there'due south been one notable effort to aggrandize the Court — one that volition alive in infamy, so to speak. Back in 1937, President Franklin Delano Roosevelt aimed to expand the Courtroom, which kept shooting downwardly some of his New Deal legislation. More specifically, FDR felt that many of the older Justices were out of affect with the times, and then much so that they were colloquially dubbed the "ix quondam men."
FDR'due south proposal? Add i Justice to the Supreme Court for every 70-year-old Justice residing on the bench. That would've resulted in 15 Supreme Courtroom Justices, merely even the Democrat-controlled Congress — and FDR's own Vice President — were against the thought. Since FDR's infamous defeat, no endeavor to expand or reduce the Supreme Court has gathered much steam — until now.
How Likely Is Information technology That Democrats Will Expand the Supreme Court in 2021?
Interestingly enough, Politico points out that President Biden has been outspoken about non expanding the court. In 2019, President Biden fifty-fifty went every bit far as saying "we'll live to rue that day [we expand the Court]," arguing that an expansion would atomic number 82 to constant changes — more expansions, more than reductions. In short, it would milk shake the American people'southward faith in the legitimacy of the Supreme Courtroom (and potentially the Autonomous party). Of grade, that's just one scenario — and i that hasn't happened in the by. Merely, in the past, Vice President Kamala Harris has shown some back up for the idea, maxim she'd exist "open" to information technology. Even so, both Vice President Harris and President Biden have also dodged questions surrounding court-packing and Supreme Court expansion.
On the other hand, more outspoken proponents have tried to gather momentum for the idea. Representative Ocasio-Cortez expanded upon her initial "Expand the Court" tweet, calling out Republicans' hypocrisy toward appointing new Justices during presidential election years. "Republicans practice this considering they don't believe Dems have the stones to play hardball like they do. And for a long fourth dimension they've been correct," Ocasio-Cortez tweeted. "But do non allow them groovy the public into thinking their bulldozing is normal just a response isn't. There is a legal process for expansion."
In the face of a 6–iii Bourgeois majority, folks like Representative Ocasio-Cortez fence that the Supreme Court is out of balance — and, more than that, it isn't quite reflective of the American people's concerns and values. So much lies in the hands of the court: the fate of the Affordable Care Human action, Roe five. Wade and marriage equality, just to proper noun a few. Now, nosotros'll just have to come across if this imbalance — and Barrett'south speedy appointment — are enough to convince President Biden and members of Congress to seriously consider a Supreme Courtroom expansion.
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Source: https://www.ask.com/culture/ask-answers-expand-supreme-court?utm_content=params%3Ao%3D740004%26ad%3DdirN%26qo%3DserpIndex
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