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Biden's supreme court reform

JeffsJeep04

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...This could end poorly.

https://www.politico.com/news/2021/01/27/biden-supreme-court-reform-463126

The Biden administration is moving forward with the creation of a bipartisan commission to study reforms to the Supreme Court and the federal judiciary.

The commission will be housed under the purview of the White House Counsel’s office and filled out with the behind-the-scenes help of the Biden campaign’s lawyer Bob Bauer, who will co-chair the commission. Its specific mandate is still being decided. But, in a signal that the commission is indeed moving ahead, some members have alreadybeen selected, according to multiple people familiar with the discussions.

Among those who will be on the commission are Cristina Rodríguez, a professor at Yale Law School and a former deputy assistant attorney general in the Obama Department of Justice, who will join Bauer as co-chair. Caroline Fredrickson, the former president of the American Constitution Society, and Jack Goldsmith, a Harvard Law School professor and a former assistant attorney general in the Bush Department of Justice, will also serve on the commission, those familiar with discussions said.
Fredrickson has hinted that she is intellectually supportive of ideas like court expansion. In 2019, she said in an interview with Eric Lesh, the executive director of the LGBT Bar Association and Foundation of Greater New York: “I often point out to people who aren't lawyers that the Supreme Court is not defined as ‘nine person body’ in the Constitution, and it has changed size many times.”

Rodríguez’s opinions on court reforms are less clear. Goldsmith’s selection, meanwhile, is likely to be the one to frustrate progressives. A senior fellow at the Hoover Institution, Goldsmith did not support Trump and is a friend and co-author of Bauer. But he was a vocal advocate of Brett Kavanaugh’s appointment to the high court — an appointment that sparked Democratic advocacy for expanding the number of Supreme Court seats.

“He will also be an influential figure within the Supreme Court building,” Goldsmith wrote in 2018 about Kavanaugh in a Time article titled, “Brett Kavanaugh Will Right the Course of the Supreme Court.” “He is a brilliant analyst with a deep scholarly and practical knowledge of the law. His legal opinions are unusually accessible. He is a magnanimous soul.”

Bauer, who is not planning to go into the administration full-time, is himself a proponent of term limits for federal judges. He has been helping with the creation of the commission and, according to a person familiar with the deliberations, initially proposed the idea of forming a commission to study the issue of court reform.

“The President remains committed to an expert study of the role and debate over reform of the court and will have more to say in the coming weeks," a White House official said in a statement.

The recruitment of members is still ongoing, but a source familiar with the discussion expects between nine and 15 members total to be appointed to the commission. Rodríguez and Goldsmith did not respond to a request for comment, and Fredrickson declined to comment.
The idea for a commission came together amid the push by Republican senators to confirm Amy Coney Barrett to the Supreme Court in the weeks before the November election. Under intense pressure to consider reforms to the Supreme Court’s composition — including court expansion — Biden performed a classic Washington, D.C., punt. He announced in October that if he was elected, he would form such a commission to study structural changes. But Biden also conceded he is “not a fan of court packing.”

"The last thing we need to do is turn the Supreme Court into just a political football, whoever has the most votes gets whatever they want," Biden said in a “60 Minutes” interview in October. "Presidents come and go. Supreme Court justices stay for generations."

Progressive groups pushing for court expansion responded with skepticism to Biden’s announcement at the time. And they’ve remained skeptical to this day.

“Commissions are often places where ideas go to die and there is no time on the clock to reform the court,” said Aaron Belkin, the director of Take Back the Court, a progressive group advocating for adding seats to the Supreme Court. “The entire agenda of what needs to get done is in jeopardy thanks to stolen federal courts.”

“We know,” he added, “that court expansion is the only strategy to allow the administration to solve the problems facing the country.”

An administration official said the commission is part of a broader court review and reform effort, part of which will focus on lower courts.

Progressives’ push to expand the Supreme Court was reenergized after Democrats won both Georgia Senate runoff races in January, giving them control of all three branches of government for the first time since 2010.

But any major structural reform would still be a heavy lift, as several Democratic senators have signaled their opposition to such measures. Senate Majority Leader Chuck Schumer said Monday he was waiting for Biden’s commission to decide a path forward on reforms to the Supreme Court.

“President Biden has put together this commission to come up with a report in 180 days,” he said in an MSNBC interview this week. “We’re going to see what the commission says and go from there.”
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I like the fact that if someone does not think like they do then it's a problem and not a difference of opinion. This sentence speaks volumes of where their heads are at.

“We know,” he added, “that court expansion is the only strategy to allow the administration to solve the problems facing the country.”
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So we need to expand it because there is a conservative majority but there were no problems when the court leaned left? If you didn't want trump to fill all those judge spots then maybe obama could have did it in the 8 years he was in office.
 
"The last thing we need to do is turn the Supreme Court into just a political football, whoever has the most votes gets whatever they want," Biden said in a “60 Minutes” interview in October. "Presidents come and go. Supreme Court justices stay for generations."]
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That's rich coming from a 36 year member of Congress.
 
So much for coequal branches of government. Maybe SCOTUS can appoint a better POTUS since the last one was picked and not elected.
 
I highly doubt this will go anywhere. Once they mess with it, the door swings wide open for the republicans to do the same. He's trying to do what FDR did to the supreme court with his court packing scheme... Scare them into compliance. And he'll probably succeed.
 
It amazes me how short sighted politicians are when it comes to knee jerk reactions. It's like they have no concept that the American political pendulum constantly sways back and forth and any measures they set the precedent for to ramrod their agenda through, their political opponents will do the same citing the very precedents they set when the pendulum inevitably swings back in a few years.
 
Mikel said:
I highly doubt this will go anywhere. Once they mess with it, the door swings wide open for the republicans to do the same. He's trying to do what FDR did to the supreme court with his court packing scheme... Scare them into compliance. And he'll probably succeed.
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Everything he is doing is strictly to make sure they never lose an election again. They aren’t worried about a “next time”
 
east_beast said:
It amazes me how short sighted politicians are when it comes to knee jerk reactions. It's like they have no concept that the American political pendulum constantly sways back and forth and any measures they set the precedent for to ramrod their agenda through, their political opponents will do the same citing the very precedents they set when the pendulum inevitably swings back in a few years.
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This. I hope the public realizes what a transparent scheme this is at a total takeover by the admin of the courts.
 
The media will portray it as badly need common sense court reform. And most people will buy it.
 
I just like it that an Illegitimate President can't just do an executive order and change the SCOTUS. Problem is, now which judges are going to retire without reason, suddenly die off, suicide, or have fatal accidents?
 
IH-SSII said:
I just like it that an Illegitimate President can't just do an executive order and change the SCOTUS. Problem is, now which judges are going to retire without reason, suddenly die off, suicide, or have fatal accidents?
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I pick John Roberts.
 
JeffsJeep04 said:
...This could end poorly.

https://www.politico.com/news/2021/01/27/biden-supreme-court-reform-463126
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Trump packed the Federal Judiciary and now Democrats want to 'reform' it. They will probably get it done, the Judiciary was the ONE thing Trump had for his legacy, his constituency and Conservatives didn't do anything at all.

Literally nothing has changed and the one chance we had to change it will be gone because everyone will be watching Duck Dynasty and buying Cabella's and shit.
 
IH-SSII said:
I just like it that an Illegitimate President can't just do an executive order and change the SCOTUS. Problem is, now which judges are going to retire without reason, suddenly die off, suicide, or have fatal accidents?
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Except he can't and didn't.

This is just an exploratory committee. Frankly I'm pleasantly surprised they're actually doing this instead of trying to railroad a bill through Congress. Changing the SCOTUS or the Federal courts would take an act of Congress, it can't be changed or expanded via the Executive.

I can't really see this going anywhere. Even FDR got his dick slapped for trying to pack the SCOTUS. Plus, Congress hasn't touched the Federal court system since the 60s and the 9th is long, long overdue to be broken up into at least 2 or 3 new District courts.
 
evernoob said:
Trump packed the Federal Judiciary and now Democrats want to 'reform' it. They will probably get it done, the Judiciary was the ONE thing Trump had for his legacy, his constituency and Conservatives didn't do anything at all.

Literally nothing has changed and the one chance we had to change it will be gone because everyone will be watching Duck Dynasty and buying Cabella's and shit.
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Wrong. Trump didn't pack anything, he filled vacancies the previous admin left open and as to SCOTUS all he did was fill vacancies, as per COTUS. The Ds want to fundamentally change the rules in a transparent attempt to change the court(s) to their liking. They're unwilling to follow the rules as laid down in COTUS.
 
east_beast said:
It amazes me how short sighted politicians are when it comes to knee jerk reactions. It's like they have no concept that the American political pendulum constantly sways back and forth and any measures they set the precedent for to ramrod their agenda through, their political opponents will do the same citing the very precedents they set when the pendulum inevitably swings back in a few years.
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If you cheated at a game and won with no consequences, is there any reason why you wouldn't continue? Take having a conscience out of the equation.

Unless something is done....they have figured out how to keep that pendulum from ever swinging away again.
 
evernoob said:
Trump packed the Federal Judiciary and now Democrats want to 'reform' it. They will probably get it done, the Judiciary was the ONE thing Trump had for his legacy, his constituency and Conservatives didn't do anything at all.

Literally nothing has changed and the one chance we had to change it will be gone because everyone will be watching Duck Dynasty and buying Cabella's and shit.
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Filling a vacant seat isn't packing anything. Adding seats is.
 
Thumping said:
Just wait until they get DC as a state...:mad3:
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I doubt that will happen either. It would require a Constitutional amendment. The Constitution dictates that the seat of power must be within a Federal district, not a state and that it cannot exceed 10 square miles.
 
Motorcharge said:
Except he can't and didn't.

This is just an exploratory committee. Frankly I'm pleasantly surprised they're actually doing this instead of trying to railroad a bill through Congress. Changing the SCOTUS or the Federal courts would take an act of Congress, it can't be changed or expanded via the Executive.

I can't really see this going anywhere. Even FDR got his dick slapped for trying to pack the SCOTUS. Plus, Congress hasn't touched the Federal court system since the 60s and the 9th is long, long overdue to be broken up into at least 2 or 3 new District courts.
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I would not be happy about this. It's going to be a bunch of elitist scholars who will recommend adding court seats and their report will be the hammer used to drive the nail home in the media that this is all on the up and up.

Appointed bureaucracy is never a good thing.
 
Motorcharge said:
I doubt that will happen either. It would require a Constitutional amendment. The Constitution dictates that the seat of power must be within a Federal district, not a state and that it cannot exceed 10 square miles.
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They have a dodge around that. The idea is to drastically reduce the size of D.C. to just a few square blocks and make the rest a state.
 
SLOWPOKE693 said:
I'm really really really starting to believe that is going to be the only way things will change. This shit is already out of control and those fucksticks have only been there a week. :mad3:
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I have had these thoughts long ago. I will add schools too! Shit needs to change here to break the this can't think for yourself your entitled to free Shit mentality the poor kids don't have a chance and they are the future and the rate it's going there are going to be far to many aoc's. Teacher should not be allowed to involve there political view at all in the curiculum.
 
Motorcharge said:
I doubt that will happen either. It would require a Constitutional amendment. The Constitution dictates that the seat of power must be within a Federal district, not a state and that it cannot exceed 10 square miles.
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You can explain that to them while they are adding a few more Democrat senators, congressman and representatives.
 
Mikel said:
The media will portray it as badly need common sense court reform. And most people will buy it.
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Bidens new Climate advisor was on NPR justifying all the climate exectutive orders last night in the same way. "No way the divided Congress will act quickly enough to save the planet. We have to do something now!

They are framing the Supreme Ct argument the same way. "We have to institute these change right now for the good of everyone!" Which really means we want to get our way now, never mind the checks and balances of honest government...
 
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