Cruz and company are running scared that the Dems are going to pack the court, so instead of offering a compromise solution to the consternation over ACB's prospective judgeship they're going to pull the ladder up after her and flip everybody off as they ride into the sunset.
It would need to pass with a two-thirds super majority in both the Senate and the House and need to be ratified by three-fourths of the states, or 38 of the 50 states, within seven years after its submission for ratification.
So...he's grandstanding.
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HacksawJ. Duggan Esq.Wrestler at LawRegistered Userregular
It's peak Cruz posturing. It shows how scared they are that Dems are well and truly done with their ratfucking.
They aren't, of course, but the GOP thinks they might be.
Cruz and company are running scared that the Dems are going to pack the court, so instead of offering a compromise solution to the consternation over ACB's prospective judgeship they're going to pull the ladder up after her and flip everybody off as they ride into the sunset.
It would need to pass with a two-thirds super majority in both the Senate and the House and need to be ratified by three-fourths of the states, or 38 of the 50 states, within seven years after its submission for ratification.
So...he's grandstanding.
The cosponsors are GOP senators in close races, so my guess is that they think trying to make the race into a referendum on packing the Court will be good for them. Even if a constitutional amendment is obviously not going anywhere, they can still use it as fodder in their races.
life's a game that you're bound to lose / like using a hammer to pound in screws
fuck up once and you break your thumb / if you're happy at all then you're god damn dumb
that's right we're on a fucked up cruise / God is dead but at least we have booze
bad things happen, no one knows why / the sun burns out and everyone dies
The GOP calculation is that things will settle somewhere between the two political party's respective postions of "this is tyranny or whatever" and "we dont want to talk about that", which works in their favor.
I want to see a Dem counter-proposal amendment that offers the court to be sized proportionally based on the population. lets take a size based of, oh say, the "good old times" of 1940, when there were 9 Justices for roughly 130 million people. That means today we would wind up with somewhere around 26 Justices. Also lets limit them to 18 year terms while we're at it.
Both sides agree the court should represent the choice of the people, and what better way to represent people by having more equal representation!
One side believes that. The other wants only certain people to count.
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ChanusHarbinger of the Spicy Rooster ApocalypseThe Flames of a Thousand Collapsed StarsRegistered Userregular
point of clarification, there's no time limit on states ratifying the amendment in the Constitution itself, which is the argument in favor of adopting the ERA now that it has been ratified by enough states
Cruz and company are running scared that the Dems are going to pack the court, so instead of offering a compromise solution to the consternation over ACB's prospective judgeship they're going to pull the ladder up after her and flip everybody off as they ride into the sunset.
It would need to pass with a two-thirds super majority in both the Senate and the House and need to be ratified by three-fourths of the states, or 38 of the 50 states, within seven years after its submission for ratification.
So...he's grandstanding.
The cosponsors are GOP senators in close races, so my guess is that they think trying to make the race into a referendum on packing the Court will be good for them. Even if a constitutional amendment is obviously not going anywhere, they can still use it as fodder in their races.
Daines had tried that, but it hasn't been working, given that I haven't seen any of those ads in the past few weeks.
point of clarification, there's no time limit on states ratifying the amendment in the Constitution itself, which is the argument in favor of adopting the ERA now that it has been ratified by enough states
Isn't it really the argument for it already being ratified, we just haven't admitted it yet because there's also nothing that stops a state from un-ratifying a potential amendment
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ChanusHarbinger of the Spicy Rooster ApocalypseThe Flames of a Thousand Collapsed StarsRegistered Userregular
point of clarification, there's no time limit on states ratifying the amendment in the Constitution itself, which is the argument in favor of adopting the ERA now that it has been ratified by enough states
Isn't it really the argument for it already being ratified, we just haven't admitted it yet because there's also nothing that stops a state from un-ratifying a potential amendment
my understanding is there is no clear answer whether a state can un-ratify after the fact because states have before but it hasn't yet actually mattered
like Ohio and New Jersey rescinded their ratifications of the 14th but there were enough other states ratifying that it didn't affect the outcome so, basically, no one cared
Allegedly a voice of reason.
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silence1186Character shields down!As a wingmanRegistered Userregular
It's peak Cruz posturing. It shows how scared they are that Dems are well and truly done with their ratfucking.
They aren't, of course, but the GOP thinks they might be.
I mean, the biggest corporate coward in the whole party (Rahm) is advocating for lower court expansion now.
Expand the number of circuits to 15, splitting up the Trump nominees, create a bunch of new judge spots in the new districts to balance them out, and up the number of seats on SCOTUS to match the number of circuits (15). Could even suggest/require one justice from each circuit, with past justices exempt/assigned one for the time being.
Our Courts take way too long to do anything as it is, so there is a practical reason to do this, beyond the political one.
It's peak Cruz posturing. It shows how scared they are that Dems are well and truly done with their ratfucking.
They aren't, of course, but the GOP thinks they might be.
I mean, the biggest corporate coward in the whole party (Rahm) is advocating for lower court expansion now.
Expand the number of circuits to 15, splitting up the Trump nominees, create a bunch of new judge spots in the new districts to balance them out, and up the number of seats on SCOTUS to match the number of circuits (15). Could even suggest/require one justice from each circuit, with past justices exempt/assigned one for the time being.
Our Courts take way too long to do anything as it is, so there is a practical reason to do this, beyond the political one.
When you say 'splitting up all the Trump nominees', do you perhaps mean 'Assigning all the Trump nominees to serve on the courts 15th district, responsible for cases originating in those US territories surrounding McMurdo base in Antarctica, but excluding the base itself'
I look forward to their judgment on the case of Peter the Penguin vs US Government.
Kavanaugh can be their associated Supreme Court Justice.
note for clarity: that's not "a week after the transfer of power", that's "a week after the election, so Trump gets to have nominated/appointed five relatively young and thoroughly deplorable Justices".
at that point, I think even I would be in favor of just burning it to the ground and starting over.
Commander Zoom on
+14
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Shortytouching the meatIntergalactic Cool CourtRegistered Userregular
(1) Biden wins the presidency by 15 million votes and the Dems take 54 Senate seats.
(2) A week later Alito and/or Thomas announce their retirements.
(3) ???
This would pretty much provoke the Court's expansion.
I mean, this would be quite clearly the best possible thing for us which could conceivably happen. Its so utterly mind bogglingly unfair that no democrat would give a monkeys what we did to the court afterwards.
The SMART play from Republicans is to have Alito step down after the election, saying that he feels he has served his time and has upmost faith in the process and for him to literally go on and on about how wonderful the court is, and how great it is that Biden will pick his replacement and how excellent that person will be. All sorts of glad handing and 'good faith' theater.
But then, after all of that, it's still a 5-4 court with 4 of the Republican justices being wingnuts and Roberts being the deciding vote. Which is best for Republicans by a mile, because Roberts will screw the base on social issues, but deliver on business and political corruption issues.
It would be a genius plan to retain control of the court despite a big loss to democrats. Anyone who spoke of court partisanship again would be faced with a barrage of "WHAT ABOUT ALITO! He stepped down for Bidens appointee, the court is wonderful!"
Alito and Thomas probably assume they'll live until they're 90. I doubt they retire unless there are somehow underlying health problems we haven't heard about.
My zombie survival life simulator They Don't Sleep is out now on Steam if you want to check it out.
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Shortytouching the meatIntergalactic Cool CourtRegistered Userregular
Alito and Thomas probably assume they'll live until they're 90. I doubt they retire unless there are somehow underlying health problems we haven't heard about.
Thomas has stated many times that he'll die with a gavel in his hands.
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ChanusHarbinger of the Spicy Rooster ApocalypseThe Flames of a Thousand Collapsed StarsRegistered Userregular
Alito was only appointed, what, like 15 years ago?
Allegedly a voice of reason.
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FencingsaxIt is difficult to get a man to understand, when his salary depends upon his not understandingGNU Terry PratchettRegistered Userregular
Alito and Thomas probably assume they'll live until they're 90. I doubt they retire unless there are somehow underlying health problems we haven't heard about.
Thomas has stated many times that he'll die with a gavel in his hands.
Thomas' ideology isn't Republican so much as it is FYGM.
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ChanusHarbinger of the Spicy Rooster ApocalypseThe Flames of a Thousand Collapsed StarsRegistered Userregular
It's peak Cruz posturing. It shows how scared they are that Dems are well and truly done with their ratfucking.
They aren't, of course, but the GOP thinks they might be.
I mean, the biggest corporate coward in the whole party (Rahm) is advocating for lower court expansion now.
Expand the number of circuits to 15, splitting up the Trump nominees, create a bunch of new judge spots in the new districts to balance them out, and up the number of seats on SCOTUS to match the number of circuits (15). Could even suggest/require one justice from each circuit, with past justices exempt/assigned one for the time being.
Our Courts take way too long to do anything as it is, so there is a practical reason to do this, beyond the political one.
BTW, this is actually way the SCotUS was expanded, like, twice. Because of new districts being created
It's peak Cruz posturing. It shows how scared they are that Dems are well and truly done with their ratfucking.
They aren't, of course, but the GOP thinks they might be.
I mean, the biggest corporate coward in the whole party (Rahm) is advocating for lower court expansion now.
Expand the number of circuits to 15, splitting up the Trump nominees, create a bunch of new judge spots in the new districts to balance them out, and up the number of seats on SCOTUS to match the number of circuits (15). Could even suggest/require one justice from each circuit, with past justices exempt/assigned one for the time being.
Our Courts take way too long to do anything as it is, so there is a practical reason to do this, beyond the political one.
BTW, this is actually way the SCotUS was expanded, like, twice. Because of new districts being created
It's peak Cruz posturing. It shows how scared they are that Dems are well and truly done with their ratfucking.
They aren't, of course, but the GOP thinks they might be.
I mean, the biggest corporate coward in the whole party (Rahm) is advocating for lower court expansion now.
Expand the number of circuits to 15, splitting up the Trump nominees, create a bunch of new judge spots in the new districts to balance them out, and up the number of seats on SCOTUS to match the number of circuits (15). Could even suggest/require one justice from each circuit, with past justices exempt/assigned one for the time being.
Our Courts take way too long to do anything as it is, so there is a practical reason to do this, beyond the political one.
BTW, this is actually way the SCotUS was expanded, like, twice. Because of new districts being created
Excellent. There being precedent helps the sale.
You also tie the District expansion to population. You sell it as "the current size of the judiciary was set in 1981, and the US has grown considerably since then. Therefore we need to expand the courts"
Posts
So...he's grandstanding.
They aren't, of course, but the GOP thinks they might be.
I mean, the biggest corporate coward in the whole party (Rahm) is advocating for lower court expansion now.
The cosponsors are GOP senators in close races, so my guess is that they think trying to make the race into a referendum on packing the Court will be good for them. Even if a constitutional amendment is obviously not going anywhere, they can still use it as fodder in their races.
Expanding the court requires both houses.
fuck up once and you break your thumb / if you're happy at all then you're god damn dumb
that's right we're on a fucked up cruise / God is dead but at least we have booze
bad things happen, no one knows why / the sun burns out and everyone dies
Both sides agree the court should represent the choice of the people, and what better way to represent people by having more equal representation!
Rahm isn't elected, but he's still influential for stupid reasons.
Daines had tried that, but it hasn't been working, given that I haven't seen any of those ads in the past few weeks.
Isn't it really the argument for it already being ratified, we just haven't admitted it yet because there's also nothing that stops a state from un-ratifying a potential amendment
my understanding is there is no clear answer whether a state can un-ratify after the fact because states have before but it hasn't yet actually mattered
like Ohio and New Jersey rescinded their ratifications of the 14th but there were enough other states ratifying that it didn't affect the outcome so, basically, no one cared
Expand the number of circuits to 15, splitting up the Trump nominees, create a bunch of new judge spots in the new districts to balance them out, and up the number of seats on SCOTUS to match the number of circuits (15). Could even suggest/require one justice from each circuit, with past justices exempt/assigned one for the time being.
Our Courts take way too long to do anything as it is, so there is a practical reason to do this, beyond the political one.
When you say 'splitting up all the Trump nominees', do you perhaps mean 'Assigning all the Trump nominees to serve on the courts 15th district, responsible for cases originating in those US territories surrounding McMurdo base in Antarctica, but excluding the base itself'
I look forward to their judgment on the case of Peter the Penguin vs US Government.
Kavanaugh can be their associated Supreme Court Justice.
This would pretty much provoke the Court's expansion.
at that point, I think even I would be in favor of just burning it to the ground and starting over.
why do you say that
Agreed
That assumes Alito and Thomas would individually want to give up their positions
and a lot of moderates are still kind of squeamish about court packing, and Alito and Thomas doing that would probably do a lot to get them on board
We should be so lucky to get that kind of mandate; we need to do it anyways so the political cover would be nice
The idea here is that the GOP would rush through confirmation on two 12 year olds who have been raised on Prager U videos.
Its also kind of a bad ideological read on Thomas
Schumer isnt angry, he's just disappointed.
I mean, this would be quite clearly the best possible thing for us which could conceivably happen. Its so utterly mind bogglingly unfair that no democrat would give a monkeys what we did to the court afterwards.
The SMART play from Republicans is to have Alito step down after the election, saying that he feels he has served his time and has upmost faith in the process and for him to literally go on and on about how wonderful the court is, and how great it is that Biden will pick his replacement and how excellent that person will be. All sorts of glad handing and 'good faith' theater.
But then, after all of that, it's still a 5-4 court with 4 of the Republican justices being wingnuts and Roberts being the deciding vote. Which is best for Republicans by a mile, because Roberts will screw the base on social issues, but deliver on business and political corruption issues.
It would be a genius plan to retain control of the court despite a big loss to democrats. Anyone who spoke of court partisanship again would be faced with a barrage of "WHAT ABOUT ALITO! He stepped down for Bidens appointee, the court is wonderful!"
What were you expecting him to say?
Like, he's not going to decapitate her and hold her severed head up for the masses.
yes, I'm aware
I don't see how it follows that this would make the court's expansion inevitable
Thomas has stated many times that he'll die with a gavel in his hands.
Thomas' ideology isn't Republican so much as it is FYGM.
it would provide an immediate casus belli showing the current court is hopelessly partisan and corrupted
it's not going to happen and is a strange flight of fancy, but that's the idea behind it
Ah yes, the two options on how leadership could have handled this fiasco.
Tell me youre going to dismantle your seniority system.
BTW, this is actually way the SCotUS was expanded, like, twice. Because of new districts being created
Excellent. There being precedent helps the sale.
You also tie the District expansion to population. You sell it as "the current size of the judiciary was set in 1981, and the US has grown considerably since then. Therefore we need to expand the courts"
A majority now say she should be confirmed.
https://morningconsult.com/2020/10/21/supreme-court-hearings-barrett-confirmation-polling/
Oh for fucks sake.
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