No? FDR famously stacked the court, but he was only able to do that because the Constitution does not specify the number of justices on the court.
Something that the Bidden admin could have done (and I think even campaigned on doing) to override the court’s conservative bent, but didn’t.
Further, power of Judicial Review, where the court can rule laws as being Constitutional or not, and thus for justices to legislate from the bench, was not outlined in the Constitution either. That was a power that the court effectively granted to itself in Marbury v. Madison, in 1803.
Biden administration never could have done it because it requires Congress to accept nominations and confirm them - the process is not controlled by the president, only initiated.
The senate was 48-50 split between Dems and Reps but with two independents generally causing & voting with Dems (Bernie and King) taking it to 50-50. However, two of those Democrats were Krysten Sinema and Joe Manchin - who both commonly voted against the Democrats legislation and acted as key swing votes for their own benefit.
There is absolutely no way Biden could have convinced them to expand the court, Joe Manchin voted to confirm Brett Kavanagh for fucks sake - voting against his own party to side with the Republicans and allow a serial rapist into the supreme court.
No? FDR famously stacked the court, but he was only able to do that because the Constitution does not specify the number of justices on the court.
Something that the Bidden admin could have done (and I think even campaigned on doing) to override the court’s conservative bent, but didn’t.
Further, power of Judicial Review, where the court can rule laws as being Constitutional or not, and thus for justices to legislate from the bench, was not outlined in the Constitution either. That was a power that the court effectively granted to itself in Marbury v. Madison, in 1803.
The problems here are far more systemic.
Jesus that does go back a while.
… reads …
Huh. I always sort of assumed, as a non-American, that that was the one of the main purposes of the Supreme Court.
It does seem like a good idea, though, to have some court responsible for deciding the Constitutionality of laws.
So many commenters have short as fuck memories.
Biden administration never could have done it because it requires Congress to accept nominations and confirm them - the process is not controlled by the president, only initiated.
The senate was 48-50 split between Dems and Reps but with two independents generally causing & voting with Dems (Bernie and King) taking it to 50-50. However, two of those Democrats were Krysten Sinema and Joe Manchin - who both commonly voted against the Democrats legislation and acted as key swing votes for their own benefit.
There is absolutely no way Biden could have convinced them to expand the court, Joe Manchin voted to confirm Brett Kavanagh for fucks sake - voting against his own party to side with the Republicans and allow a serial rapist into the supreme court.