Technically, by the letter of the constitution (as interpreted by the Judicial Branch) the Legislative Branch has power of the Judicial. They can set the number of Justices and they set the form of the lower courts, including, if they so wished, completely abolishing them. TBH, what I expect out of this is that they pack the lower courts. What most people don't realize is that 60-70% of Supreme Court cases go 9-0, the Justices are much closer than people pretend. Also, they have Original Jurisdiction over VERY LITTLE, so they only hear a small amount of cases per year. The biggest difference to society at large, particularly in the form of criminal law, would be to pack the District Courts and the Circuit Courts. Most people don't even know what that means, and wouldn't care, but when every Circuit is the 9th Circuit, there is no Split in the Circuits to persuade the Supreme Court to Grant Certiorari to hear cases.
I don't expect the Biden to pack the Court, but I do expect him to pack the courts.
They only hear a small amount of cases because they are only 9 people. It varies what they take year to year, but it is typically just over 100 cases. On average, there’s probably 4,000-6,000 petitions for certiorari that get declined.
Yep, that's my point, While we don't want to lose the Court, it would make a bigger difference to our every day lives to have the lower courts packed, and it would be far less controversial. I'm telling you, that's the move here.
It would, but they don’t need to do this to pull that off. There are already shitloads of open seats they just need to ram through. They have the votes already.
The play is either they are suicidal, or they want us to get on board the Mitch/mitt rino train because “look how mean the baddie bad democrats are. You better vote for us, campaign for us, and give us money or look what they might do.”
Federal courts are important but most cases are brought in state courts. Which this doesn’t tinker with. SCOTUS is by far the most important because they will decide the most important cases. They set the tone, they make the law the lower courts must comply with.
True most cases go through state courts, but the stuff they are going to want to get done will be Federal Question stuff, specifically with this "Infrastructure Bill." Congress has very broad power under the Commerce Clause, which is what I imagine they'll use as justification for this insanity. But it will be challenged piecewise, and it will end up in Federal Court. Some of that will go SCOTUS, but they take few cases and they 9-0 the majority of them anyway.
It's very true that SCOTUS sets the most important bounds with precedential case law, but the District Courts and Circuit Courts are where the day to day action is. Don't be shocked if they completely bloat these in the next year.
Technically, by the letter of the constitution (as interpreted by the Judicial Branch) the Legislative Branch has power of the Judicial. They can set the number of Justices and they set the form of the lower courts, including, if they so wished, completely abolishing them. TBH, what I expect out of this is that they pack the lower courts. What most people don't realize is that 60-70% of Supreme Court cases go 9-0, the Justices are much closer than people pretend. Also, they have Original Jurisdiction over VERY LITTLE, so they only hear a small amount of cases per year. The biggest difference to society at large, particularly in the form of criminal law, would be to pack the District Courts and the Circuit Courts. Most people don't even know what that means, and wouldn't care, but when every Circuit is the 9th Circuit, there is no Split in the Circuits to persuade the Supreme Court to Grant Certiorari to hear cases.
I don't expect the Biden to pack the Court, but I do expect him to pack the courts.
They only hear a small amount of cases because they are only 9 people. It varies what they take year to year, but it is typically just over 100 cases. On average, there’s probably 4,000-6,000 petitions for certiorari that get declined.
Yep, that's my point, While we don't want to lose the Court, it would make a bigger difference to our every day lives to have the lower courts packed, and it would be far less controversial. I'm telling you, that's the move here.
It would, but they don’t need to do this to pull that off. There are already shitloads of open seats they just need to ram through. They have the votes already.
The play is either they are suicidal, or they want us to get on board the Mitch/mitt rino train because “look how mean the baddie bad democrats are. You better vote for us, campaign for us, and give us money or look what they might do.”
Federal courts are important but most cases are brought in state courts. Which this doesn’t tinker with. SCOTUS is by far the most important because they will decide the most important cases. They set the tone, they make the law the lower courts must comply with.
True most cases go through state courts, but the stuff they are going to want to get done will be Federal Question stuff, specifically with this "Infrastructure Bill." Congress has very broad power under the Commerce Clause, which is what I imagine they'll use as justification for this insanity. But it will be challenged piecewise, and it will end up in Federal Court. Some of that will go SCOTUS, but they take few cases and they 9-0 the majority of them anyway.
It's very true that SCOTUS sets the most important bounds with precedential case law, but the District Courts and Circuit Courts are where the day to day action is. Don't be shocked if they completely bloat these in the next year.