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Biden worries ‘extreme’ supreme court can’t be relied on to uphold rule of law
(www.theguardian.com)
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this post was submitted on 02 Oct 2023
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The supreme court is supposed to be based on certain numbers, when those numbers increased the SC could have been increased, but hasn't been.
Basically all it would take is for the president to decide "hey this court is supposed to be bigger, because the rules it wrote for itself say so" and sign a few things and boom. Increased court size.
What? Where did you find executive branch authority to regulate the Supreme Court?
Even if they did, how would a president appoint justices without Congress?
I don't know the details, from what I understand FDR was contemplating the same thing, so it does seem like the power to do this is an electoral branch power and not in the legislative branch.
But I honestly don't know the details so I could be wrong, its just something I heard of before.
"so it does seem like the power to do this is electoral branch power and not in the legislative branch"
Quite poor evidence for your conclusion. FDR tried to pass legislation to expand the SCOTUS, and was interpreted as trying to manipulate the court by his own party, which is why it was blocked.
Court expansion has always been done by Congress, it's interpreted as an extension of it's power to create courts.
It was blocked after the judges flipped and started approving his programs. It was expected to pass up until that point.
Fair enough. Just a friendly reminder...
It was an off-the-cuff comment and I mentioned in the comment I could be wrong and that I was not certain, so, /shrug.