United States Supreme Court Opinions Can Be Found in Which Three of the Following Reporters

Pictured: On October 18, 2019, protestors gathered in front of the Supreme Court, which heard arguments on gender identity and workplace bigotry. Credit: Tasos Katopodis/Getty Images

When Justice Ruth Bader Ginsburg passed away on September 18, 2020, many Americans didn't have the proper time to grieve — instead, they panicked about what her passing meant for the future of the land. Holding the balance of an entire republic is too slap-up a burden for anyone'south shoulders, and Justice Ginsburg had been carrying that weight for a long, long time. Instead of holding infinite for her passing, Republican politicians wasted no time in queuing upward a nominee for the empty Supreme Court seat, somewhen landing on Amy Coney Barrett — a longtime Notre Matriarch Law School professor who served fewer than three years on the Seventh Excursion before her nomination to the highest court in the American judicial system.

In 2016, then-Senate Bulk Leader Mitch McConnell infamously vowed to cake President Obama'southward outgoing Supreme Court nomination of Merrick Garland on the grounds that the American people should have a "vocalization" and that to rush a nomination (and confirmation) would exist to overly politicize the issue. In 2020, nevertheless, McConnell didn't hold to those principles he outlined four years before, leading to Barrett's confirmation hearings and as rushed swearing in ceremony, which took place about a week before Election Mean solar day on October 26, 2020.

This movement led many to criticize McConnell, including New York Representative Alexandria Ocasio-Cortez (@AOC), who simply tweeted, "Expand the courtroom." Additionally, Massachusetts Senator Ed Markey (@EdMarkey), who is Ocasio-Cortez's Greenish New Deal co-author, tweeted, "Mitch McConnell set the precedent. No Supreme Courtroom vacancies filled in an election twelvemonth. If he violates it, when Democrats control the Senate in the next Congress, we must abolish the delay and expand the Supreme Court."

The Number of Supreme Court Seats Has Been Adjusted Earlier — Here'south How It'due south Done

This phone call for a SCOTUS expansion has led many to wonder: Is such a motility even possible? The short respond: yes. Congress could easily alter the number of seats on the Supreme Court bench. Co-ordinate to the Supreme Court's website, "The Constitution places the power to determine the number of Justices in the hands of Congress" — just another example of those supposed checks and balances that guide a ramble government. In fact, the number of Justices has shifted several times throughout the Court'due south history. In 1789, the first Judiciary Act set the number of Justices at 6; during the Civil State of war, the number of seats went up to ix and then briefly 10; and, once President Andrew Johnson took office, Congress passed the Judicial Circuits Act in 1866, cutting the number of Justices to seven then that Johnson couldn't stack the court in favor of Southern states.

Pictured: Clarence Thomas, Associate Justice of the U.S. Supreme Court, correct, administers the judicial oath to Amy Coney Barrett, Associate Justice of the U.S. Supreme Court, on the South Lawn of the White House. Credit: Al Drago/Bloomberg/Getty Images

Since 1869, all the same, the Supreme Court has been equanimous of ix Justices. In semi-recent history, there'due south been one notable attempt to expand the Court — one that volition live in infamy, so to speak. Dorsum in 1937, President Franklin Delano Roosevelt aimed to expand the Court, which kept shooting downwards some of his New Deal legislation. More than specifically, FDR felt that many of the older Justices were out of touch with the times, and then much and so that they were colloquially dubbed the "ix old men."

FDR's proposal? Add one Justice to the Supreme Court for every lxx-yr-old Justice residing on the demote. That would've resulted in 15 Supreme Court Justices, only even the Democrat-controlled Congress — and FDR's own Vice President — were confronting the idea. Since FDR'due south infamous defeat, no endeavour to expand or reduce the Supreme Court has gathered much steam — until now.

Interestingly enough, Pol points out that President Biden has been outspoken almost not expanding the court. In 2019, President Biden even went as far equally saying "nosotros'll live to rue that day [we expand the Courtroom]," arguing that an expansion would lead to constant changes — more expansions, more reductions. In short, it would shake the American people's faith in the legitimacy of the Supreme Court (and potentially the Democratic party). Of course, that's just 1 scenario — and i that hasn't happened in the past. Just, in the past, Vice President Kamala Harris has shown some support for the thought, saying she'd be "open" to it. However, both Vice President Harris and President Biden have also dodged questions surrounding courtroom-packing and Supreme Court expansion.

Pictured: Representative Alexandria Ocasio-Cortez (D-NY) speaks during a House Oversight and Authorities Reform Committee hearing in Washington, D.C., on August 24, 2020. Credit: Tom Williams/CQ Roll Telephone call/Bloomberg/Getty Images

On the other paw, more outspoken proponents take tried to gather momentum for the idea. Representative Ocasio-Cortez expanded upon her initial "Expand the Court" tweet, calling out Republicans' hypocrisy toward appointing new Justices during presidential election years. "Republicans do this because they don't believe Dems have the stones to play hardball like they do. And for a long fourth dimension they've been right," Ocasio-Cortez tweeted. "Just practice non let them bully the public into thinking their bulldozing is normal merely a response isn't. There is a legal procedure for expansion."

In the face of a half dozen–3 Bourgeois bulk, folks like Representative Ocasio-Cortez argue that the Supreme Court is out of balance — and, more than that, it isn't quite reflective of the American people'due south concerns and values. Then much lies in the hands of the court: the fate of the Affordable Care Human activity, Roe v. Wade and wedlock equality, just to name a few. Now, nosotros'll simply have to see if this imbalance — and Barrett's speedy engagement — are enough to convince President Biden and members of Congress to seriously consider a Supreme Court expansion.

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Source: https://www.ask.com/culture/ask-answers-expand-supreme-court?utm_content=params%3Ao%3D740004%26ad%3DdirN%26qo%3DserpIndex

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