You are viewing a single thread.
View all comments View context
1 point

you know that the size of the supreme court isn’t specified by the constitution, right? there is no “fixed size”

permalink
report
parent
reply
1 point

The constitution isn’t the only entity that could fix the size of the court. The court’s size was fixed at nine by the Judiciary Act of 1869.

The revisions I proposed could be implemented by an act of Congress.

I would also establish a line of succession, where, if the president and the Senate cannot agree on a candidate, the justice is the highest ranking federal judge who has been confirmed by the Senate since this plan was enacted. Appointment to a federal bench contemplates the possibility that the judge could be elevated to SCOTUS. Confirmation after this point would signify the Senate’s consent to this possibility. (I’d make it the highest ranking federal court judge, regardless of when they were confirmed, but that would probably be deemed unconstitutional)

permalink
report
parent
reply
1 point

ah woops, i conflated your comment with another one and thought you were proposing a constitutional amendment to change the court size. my bad.

permalink
report
parent
reply

Asklemmy

!asklemmy@lemmy.ml

Create post

A loosely moderated place to ask open-ended questions

Search asklemmy 🔍

If your post meets the following criteria, it’s welcome here!

  1. Open-ended question
  2. Not offensive: at this point, we do not have the bandwidth to moderate overtly political discussions. Assume best intent and be excellent to each other.
  3. Not regarding using or support for Lemmy: context, see the list of support communities and tools for finding communities below
  4. Not ad nauseam inducing: please make sure it is a question that would be new to most members
  5. An actual topic of discussion

Looking for support?

Looking for a community?

Icon by @Double_A@discuss.tchncs.de

Community stats

  • 9.4K

    Monthly active users

  • 5.4K

    Posts

  • 300K

    Comments