Could the Supreme Court rule against court packing? (user search)
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  Could the Supreme Court rule against court packing? (search mode)
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Author Topic: Could the Supreme Court rule against court packing?  (Read 708 times)
Pollster
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« on: October 28, 2020, 03:45:42 PM »

A hypothetical law expanding the court would need to include language that removes oversight/regulation/etc of the Supreme Court from the court's own jurisdiction.

There's also no real way for the court to enforce such a decision.
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Pollster
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« Reply #1 on: October 28, 2020, 08:55:33 PM »

There's plenty of precedent for changing the size of the Court via legislation. About the only way I could see SCOTUS making a ruling would be if a hypothetical Judiciary Reform Act affected the tenure of existing justices in some manner. For example, a bill that tried to shrink the Court immediately to 7 by removing the 2 junior most justices would get struck down unanimously.

The hardball play here would be to remove the two junior-most justices, “bow to public pressure” and expand the court back to nine, but add two new Biden justices rather than re-adding Kavanaugh and Barrett.
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