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.
Never said it did.
But it should be voted by the states, otherwise you are giving the federal legislative branch power OVER the federal judicial branch.
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.