Democrats, what do you think of packing the court? (user search)
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  Democrats, what do you think of packing the court? (search mode)
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Author Topic: Democrats, what do you think of packing the court?  (Read 1087 times)
True Federalist (진정한 연방 주의자)
Ernest
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« on: September 19, 2020, 09:42:02 AM »

While ideally the courts should be apolitical, they aren't. Until both parties are willing to resume thinking of the courts as being something that should be above politics, it makes no sense for either party to not respond to the political efforts of the the other party. The current desire on the part of the Democrats to pack the courts by adding seats is a direct result of the Republicans packing the courts by refusing to allow Democratic nominees to be approved. The only real difference is the method, not the result.
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True Federalist (진정한 연방 주의자)
Ernest
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« Reply #1 on: September 22, 2020, 06:53:19 PM »

Obviously, any court unpack needs to be part of a "package" that tries to solve the overpoliticization of the court.

I say "package" because it'll need to be two bills to have any chance of producing the desired outcome. Bill 1 would be the one that undoes the current Republican pack by adding additional seats to the courts, obviously no Republican is likely to vote for it, and if they did, they'd never get reelected. Bill 2 would be a reform such as one that would have a certain number of court seats be nominated by the President each Congress and get away from having a fixed number of judges on each court. (It might be better to have a term limit, but that would require a Constitutional amendment and I can't see one passing even through Congress right now, let alone, being ratified by the States, so we're stuck with life-terms regardless.)

The exact form of the reform isn't important, just that it be something that has a reasonable chance of calming things down and that both parties can live with so that it can get some degree of bipartisan support. (Obviously hyperpartisans who like the current system will oppose any effort at reform, so unanimity isn't important.) That's why the reform bill that tries to solve the problem in the long term needs to be split from the unpacking bill that in the short term undoes the damage that has been done by those who have placed the interests of the Republican Party above those of the republic. Bill 1 would need to be passed by a Democratic trifecta alone, while Bill 2 will probably need bipartisan support as there will be those who place the interests of the Democrat Party above those of our democracy. Hopefully, any long term solution proves more resilient than the Compromise of 1850, which similarly was passed in parts.
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