Rumpole
Diamond Member
- Mar 20, 2023
- 2,830
- 2,233
- 1,928
Rules:
1. No, flaming, name calling, disingenuous, snarky retorts, ad hominem attacks, no 'kill the source/messenger' replies (critique only the text).
2. If you make a claim of fact, offer a thoughtful path of reasoning/logic, AND, if possible, links to authoritative sources that supplement (they don't have to actually prove, but proof is always preferred) your position. If you can't do this, then preface it with 'imo' (in my opinion).
3. Absolutely NO thought-terminating clichés (example; 'fake news', is the main one, but there are others).
So, the source article for this discussion is:
www.democracydocket.com
Summary:
So, the key takeaway from the text is a concern over the conservative-leaning U.S. Supreme Court impacting American democracy over the past decade. Some significant actions by the Court include approving voter suppression, allowing unlimited campaign spending, and sanctioning partisan gerrymandering. Essentially, the worry is that even when Democrats win elections, their policymaking ability is being hindered by the conservative Court.
The text mentions that the current Court's conservative composition is itself a product of some anti-democratic strategies. Many of the conservative justices were appointed by Republican presidents who initially took office without winning the popular vote. Moreover, the Senate, when under Republican control, blocked a nomination from President Obama.
It's feared that this could result in a cycle where the conservative Supreme Court continues to make it easier for Republicans to maintain power even with diminishing levels of support, while the Republicans, in turn, protect their Supreme Court majority.
The proposed solution? Expanding the Supreme Court, which is a move Congress has the power to make according to the U.S. Constitution. If President Biden were allowed to nominate four more justices, it could balance the Court and potentially ensure that it respects democracy and the rule of law. Expanding the Court could also increase its diversity and functionality.
There is growing support for this idea among Congress and the progressive movement, with a bill - the Judiciary Act of 2021 - gaining more than 60 co-sponsors. Public polls indicate more Americans support the expansion than oppose it, (though I did find polls that concluded the opposite, but I think when the case is presented as it could be, more people would support the idea).
Still, some are hesitant, worrying about possible repercussions, like Republicans expanding the Court further when they are in power. Others suggest term limits as a preferred reform measure. However, the authors argue that term limits could be challenged as unconstitutional, and they see the immediate solution to be expansion.
In a nutshell, they are arguing that the only way to protect American democracy from what they see as anti-democracy forces on the Supreme Court is through expansion, and they're calling for urgent support to pass the Judiciary Act.
Not mentioned in the article, but my idea:
We got 9 justices at a stage in American history when the population was much smaller. Now the case load for the SC is much greater owing to a much bigger population, and this has resulted in an ever increasing 'shadow docket' which, imo, is not a good thing (google it or click on the link). We could create a two tiered court (9 plus 9) to handle the increased case load, and the Chief justice, on the big issues, would let both tiers rule on it, so it would only be for a much smaller number of cases, the really salient cases, that both tiers would rule on. Also, we need a way to allow both parties to equally nominate justices, and not let just one side appoint them. Also, 'advise and consent' should equal a hearing, at the minimum. What McConnel did against Garland, in my opinion, was not in the spirit of the constitution's meaning insofar a the senate shall 'advise and consent'. We need legislation to further articulate what that means.
Also, Republicans like to accuse dems of 'stacking the court'. My view is that Republicans, with a 6/3 conservative court, have, indeed, 'stacked' the court 6/3 in favor of conservatives. My view is that expanding it, not letting one side dominate the nominations, would serve to UNSTACK the court, and 'balance' it out. (This is semantics, of course, as to what 'stacking the court' means).
Let's discuss.
cheers.
Rumpole
1. No, flaming, name calling, disingenuous, snarky retorts, ad hominem attacks, no 'kill the source/messenger' replies (critique only the text).
2. If you make a claim of fact, offer a thoughtful path of reasoning/logic, AND, if possible, links to authoritative sources that supplement (they don't have to actually prove, but proof is always preferred) your position. If you can't do this, then preface it with 'imo' (in my opinion).
3. Absolutely NO thought-terminating clichés (example; 'fake news', is the main one, but there are others).
So, the source article for this discussion is:
To Save Democracy, We Must Expand the Court
To Save Democracy, We Must Expand the Court
Read the latest by Christopher Kang.
www.democracydocket.com
Summary:
So, the key takeaway from the text is a concern over the conservative-leaning U.S. Supreme Court impacting American democracy over the past decade. Some significant actions by the Court include approving voter suppression, allowing unlimited campaign spending, and sanctioning partisan gerrymandering. Essentially, the worry is that even when Democrats win elections, their policymaking ability is being hindered by the conservative Court.
The text mentions that the current Court's conservative composition is itself a product of some anti-democratic strategies. Many of the conservative justices were appointed by Republican presidents who initially took office without winning the popular vote. Moreover, the Senate, when under Republican control, blocked a nomination from President Obama.
It's feared that this could result in a cycle where the conservative Supreme Court continues to make it easier for Republicans to maintain power even with diminishing levels of support, while the Republicans, in turn, protect their Supreme Court majority.
The proposed solution? Expanding the Supreme Court, which is a move Congress has the power to make according to the U.S. Constitution. If President Biden were allowed to nominate four more justices, it could balance the Court and potentially ensure that it respects democracy and the rule of law. Expanding the Court could also increase its diversity and functionality.
There is growing support for this idea among Congress and the progressive movement, with a bill - the Judiciary Act of 2021 - gaining more than 60 co-sponsors. Public polls indicate more Americans support the expansion than oppose it, (though I did find polls that concluded the opposite, but I think when the case is presented as it could be, more people would support the idea).
Still, some are hesitant, worrying about possible repercussions, like Republicans expanding the Court further when they are in power. Others suggest term limits as a preferred reform measure. However, the authors argue that term limits could be challenged as unconstitutional, and they see the immediate solution to be expansion.
In a nutshell, they are arguing that the only way to protect American democracy from what they see as anti-democracy forces on the Supreme Court is through expansion, and they're calling for urgent support to pass the Judiciary Act.
Not mentioned in the article, but my idea:
We got 9 justices at a stage in American history when the population was much smaller. Now the case load for the SC is much greater owing to a much bigger population, and this has resulted in an ever increasing 'shadow docket' which, imo, is not a good thing (google it or click on the link). We could create a two tiered court (9 plus 9) to handle the increased case load, and the Chief justice, on the big issues, would let both tiers rule on it, so it would only be for a much smaller number of cases, the really salient cases, that both tiers would rule on. Also, we need a way to allow both parties to equally nominate justices, and not let just one side appoint them. Also, 'advise and consent' should equal a hearing, at the minimum. What McConnel did against Garland, in my opinion, was not in the spirit of the constitution's meaning insofar a the senate shall 'advise and consent'. We need legislation to further articulate what that means.
Also, Republicans like to accuse dems of 'stacking the court'. My view is that Republicans, with a 6/3 conservative court, have, indeed, 'stacked' the court 6/3 in favor of conservatives. My view is that expanding it, not letting one side dominate the nominations, would serve to UNSTACK the court, and 'balance' it out. (This is semantics, of course, as to what 'stacking the court' means).
Let's discuss.
cheers.
Rumpole
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