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this post was submitted on 16 Jul 2024
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The number of SCOTUS justices is set by law. The President can't* appoint more without Congress passing a law adding more.
*Of course, that was before they ruled that Presidents are totally immune from any prosecution, so who the fuck knows now.
This is false, there is no law stipulating the number of justices. There have been as few as 6 before, and we could have easily increased that to 23 during the first 2 years of Biden’s presidency if Dems were interested in preserving justice and willing to remove the filibuster.
I’m not sure why you believe this is false? From https://www.supremecourt.gov/about/faq_general.aspx : “Who decides how many Justices are on the Court?: The Constitution places the power to determine the number of Justices in the hands of Congress. The first Judiciary Act, passed in 1789, set the number of Justices at six, one Chief Justice and five Associates. Over the years Congress has passed various acts to change this number, fluctuating from a low of five to a high of ten. The Judiciary Act of 1869 fixed the number of Justices at nine and no subsequent change to the number of Justices has occurred.”
Oh I see, I think it was a misunderstanding. I just meant there’s no law stipulating a particular number. Perhaps the OP could have said it better that it’s “set by Congress,” and they did correctly point out Congress can change it further.
There IS a law stipulating the number of justices. The number is not set by the constitution, which I think is where you got the idea. Changing the law that sets the number would require an act of Congress, which means a 2/3rds majority in the Senate because of the filibuster rule. 50% could overturn the filibuster rule and then stack the court, but 2 right leaning Democrats from Republican states refuse to overturn the filibuster rule, so it's just not possible unless more progressives are in the Senate.
Getting a more progressive Senate is hard because it's not proportional representation. North Dakota with a population under 1 million gets the same number of Senators as California with 40 million. Rural voters are wildly over-represented in the Senate.