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View Diary: Washington Post: "Harry Reid is set to go nuclear" (145 comments)

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  •  Well, there is nothing in the Constitution that (2+ / 0-)
    Recommended by:
    Dartagnan, TXdem

    says how many members should be on the SCOTUS, but an even number would be a bad idea.

    •  The number of seats of all courts is set by law (0+ / 0-)

      passed by Congress.   That's the difference between nominating appointees to an open seat defined by law, and "court packing," which as it was defined during FDR's term meant the threat of CONGRESS passing a law increasing the number of seats on the courts, including the USSC, that would then allow FDR to make more Democratic court appointments and cement a longlasting Dem order in the judiciary.

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