this post was submitted on 02 Jul 2024
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[–] Count042@lemmy.ml 2 points 4 months ago* (last edited 4 months ago) (1 children)

He can’t. His only power over SCOTUS is nominating Justices in the event of a vacancy.

This is wrong. He can pack the courts RIGHT NOW. The Democratic party still holds the Senate. There is no requirement for there to only be nine justices.

Edit: This does require the house changing the number of justices. So the above is incorrect.

[–] disguy_ovahea@lemmy.world 3 points 4 months ago (1 children)

He cannot. The Republicans have House majority.

The Constitution does not stipulate the number of Supreme Court Justices; the number is set instead by Congress. There have been as few as six, but since 1869 there have been nine Justices, including one Chief Justice.

https://www.whitehouse.gov/about-the-white-house/our-government/the-judicial-branch/#:~:text=The%20Supreme%20Court%20of%20the%20United%20States&text=The%20Constitution%20does%20not%20stipulate,Justices%2C%20including%20one%20Chief%20Justice.

[–] Count042@lemmy.ml 2 points 4 months ago (1 children)

Oh, you are right about that.

[–] disguy_ovahea@lemmy.world 3 points 4 months ago

With every House seat up for election, as well as 33 Senate seats, Democrats need to vote hard this fall for congressional majority if we want to put SCOTUS in check.