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Biden worries ‘extreme’ supreme court can’t be relied on to uphold rule of law
(www.theguardian.com)
this post was submitted on 02 Oct 2023
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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.
Congress can pass a law increasing the number of justices. The current law setting it at nine justices was passed in 1869. Congress is inept right now.
"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.