posted ago by bjjmike69
+18 / -0
Doesn't it take legislation to increase the size of SCOTUS? If so, that will obviously require the Democrats winning all three: Senate, POTUS, House. I am deeply concerned about mail-in voting, so I wouldn't say this is completely impossible at happening, although I do think Trump will win in a landslide the night of the election.
But in the worst case scenario, and Dems end up with all three, am I wrong that they need to pass legislation to add more? If that happens, we'll have ACB on SCOTUS, and would we be able to sue and take to the new legislation to SCOTUS, where it's hopefully struck down?
Well it doesn't say anything in the Constitution about the number of justices, however, that doesn't mean the SCOTUS justices cannot vote to strike it down anyway. But yes, you're right I didn't think of that, they'd have to really dig deep to find a reason to strike it down.
Even if they somehow got it done, if they don't control the senate, it could backfire massively. Likewise, dangling the idea could backfire in the lame-duck period.