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Dems want to pack SCOTUS with 4 more justices. Here is the history of the size of the Court, which was never larger than 10.
Posted By: MrFusion Date: Friday, 23-Apr-2021 23:28:01
www.rumormill.news/170810
Source:
https://en.wikipedia.org/wiki/Supreme_Court_of_the_United_States#Size_of_the_court
Note that even FDR's own Dem. party opposed his attempt to pack the court (with 6 more justices), which was defeated 70-20 in the Senate, and "the Senate Judiciary Committee reported that it was 'essential to the continuance of our constitutional democracy' that the proposal 'be so emphatically rejected that its parallel will never again be presented to the free representatives of the free people of America.'"
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Size of the court
Article III of the Constitution sets neither the size of the Supreme Court nor any specific positions on it (though the existence of the office of the chief justice is tacitly acknowledged in Article I, Section 3, Clause 6). Instead, these powers have typically been entrusted to Congress, which initially established a six-member Supreme Court composed of a chief justice and five associate justices through the Judiciary Act of 1789. The size of the Court was first altered by an 1801 act which would have reduced the size of the court to five members upon its next vacancy, but an 1802 act promptly negated the 1801 act, legally restoring the court's size to six members before any such vacancy occurred. As the nation's boundaries grew across the continent and as Supreme Court justices in those days had to ride the circuit, an arduous process requiring long travel on horseback or carriage over harsh terrain that resulted in months-long extended stays away from home, Congress added justices to correspond with the growth: seven in 1807, nine in 1837, and ten in 1863.
In 1866, at the behest of Chief Justice Chase and in an attempt to limit the power of Andrew Johnson, Congress passed an act providing that the next three justices to retire would not be replaced, which would thin the bench to seven justices by attrition. Consequently, one seat was removed in 1866 and a second in 1867. In 1869, however, the Circuit Judges Act returned the number of justices to nine, where it has since remained.
President Franklin D. Roosevelt attempted to expand the Court in 1937. His proposal envisioned the appointment of one additional justice for each incumbent justice who reached the age of 70 years 6 months and refused retirement, up to a maximum bench of 15 justices. The proposal was ostensibly to ease the burden of the docket on elderly judges, but the actual purpose was widely understood as an effort to "pack" the Court with justices who would support Roosevelt's New Deal. The plan, usually called the "court-packing plan", failed in Congress after members of Roosevelt's own Democratic Party believed it to be unconstitutional, it was defeated 70-20 in the United States Senate and the Senate Judiciary Committee reported that it was "essential to the continuance of our constitutional democracy" that the proposal "be so emphatically rejected that its parallel will never again be presented to the free representatives of the free people of America.” It remains unclear whether it would be at all constitutional or not to expand the size of the Supreme Court in ways understood to be designed to "pack" it with justices that would rule more favorably on a President's agenda or to simply change the ideological composition of the court.
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Articles In This Thread
- Dems want to pack SCOTUS with 4 more justices. Here is the history of the size of the Court, which was never larger than 10.
MrFusion -- Friday, 23-Apr-2021 23:28:01
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