This is the second in a series of diaries about taking back the Supreme Court. (here’s the first) A couple of other good articles ran in HuffPo and The New Republic. Below is a Q&A, featuring myself and my other self.
So, you want to expand the Supreme Court. Won’t it take a Constitutional Convention? That would take years, plus states have to ratify it?
No and no. Democrats can pass an act with simple majorities in both houses, ramming it through Congress like the Republicans did with the tax bill. Of course, we’ll have to have control of the House, Senate and White House.
Which won’t happen until 2020, if then. And you can never be sure how elections go.
Thank you for pointing out the obvious. Yes, I am assuming the elections go our way, that the “blue wave” won’t dissipate before then.
You really think 50 Democrats will agree to change something as fundamental as the Supreme Court?
I think after two years of seeing our rights wiped out by a radical court, the Democratic base is going to demand it. I hope so, anyway.
You’re forgetting your history. FDR tried to pack the court and failed, tarnishing his legacy.
He did not have his own party behind him. We will.
But packing the court is an abuse of power; it leaves no regard for minority rights. It’s just wrong.
Minority rights? The Republican Party is becoming more extreme and is shrinking. They are dying off, literally. But with a 5-4 court, the GOP will be stomping on the majority for many years. Think about it: racists imposing their will from beyond the grave.
That all sounds well and good. But when Republicans are back in power, they’ll just add seats themselves.
I don’t believe they will control the presidency and both houses of Congress for many years. And you know what? If the positions were reversed, the GOP would pack the court in a heartbeat.
That does not mean we should.
Actually, it does. If we do nothing, we’re saying that taking advantage of majority rule is bad. Unless it’s the Republicans. IOKIYAAR
I’m sorry, I just don’t see this happening. Democrats have to focus on winning elections, not messing with the Constitution.
SCOTUS is not in the… Never mind, enjoy your rights while you still have them.