Question about packing the Court

[Omar]

Let's say Amy Coney Barrett is confirmed for the Supreme Court, Biden wins the election, and the Democrats take over the Senate.
They've said they want to pack the court, add more (liberal) justices to the Supreme Court.

What is the process for doing that? Is it a simple majority, or do they need 60% or something like that? Can the president just keep adding justices indefinitely as long as the Senate approves? Does there need to be a separate legislation to enlarge the Supreme Court? What's the process?

[Peter1469]

Let's say Amy Coney Barrett is confirmed for the Supreme Court, Biden wins the election, and the Democrats take over the Senate.
They've said they want to pack the court, add more (liberal) justices to the Supreme Court.

What is the process for doing that? Is it a simple majority, or do they need 60% or something like that? Can the president just keep adding justices indefinitely as long as the Senate approves? Does there need to be a separate legislation to enlarge the Supreme Court? What's the process?

They need to amend the Judiciary Act.

[Adelaide]

Unsure; FDR is the person that comes to mind with having made this threat previously. I think it would be like any other nomination since there is nothing stopping SCOTUS from being expanded. 9 is just the norm, not the legal requirement. Constitution did not specifically state, I think... if I am remembering my legal history class properly.

[Peter1469]

Unsure; FDR is the person that comes to mind with having made this threat previously. I think it would be like any other nomination since there is nothing stopping SCOTUS from being expanded. 9 is just the norm, not the legal requirement. Constitution did not specifically state, I think... if I am remembering my legal history class properly.

The number of Justices has changed many times. It is based on statute. The Judiciary Act.

[jet57]

Let's say Amy Coney Barrett is confirmed for the Supreme Court, Biden wins the election, and the Democrats take over the Senate.
They've said they want to pack the court, add more (liberal) justices to the Supreme Court.

What is the process for doing that? Is it a simple majority, or do they need 60% or something like that? Can the president just keep adding justices indefinitely as long as the Senate approves? Does there need to be a separate legislation to enlarge the Supreme Court? What's the process?

One of things they could do, is follow the suggestion of legislating term limits for the Justices. They could extend the membership of the court; it's been done before. There are a lot of things that the US can do to straighten out a tilted court.

[goodpen]

Straighten out a tilted Court? Say the dems add Justices, then it would follow the Rep could be next to do that....and the race would go on. No need for that at all. It is important to have an odd number...that means there can be no tie votes. This is all politicians talking and trying to find some advantage for their party. This country has become far to involved in such as that and it is and will do harm to our nation. It is sad to see, like now, that no Dems will vote on a well qualified person, for the SC, and stated so even before a nomination was made. They appear to care nothing about ...qualified, just party. Is that what we all should accept, in every decision our officials make???

[MisterVeritis]

One of things they could do, is follow the suggestion of legislating term limits for the Justices. They could extend the membership of the court; it's been done before. There are a lot of things that the US can do to straighten out a tilted court.

One cannot legislate term limits. It will require an amendment. let's do it.

[carolina73]

One of things they could do, is follow the suggestion of legislating term limits for the Justices. They could extend the membership of the court; it's been done before. There are a lot of things that the US can do to straighten out a tilted court.

Ginsburg replace Byron White who voted against Roe Vs Wade. In fact he wrote the Dissent Opinion.

So the court is being returned to its balance. Thanks for your opinion and glad we could help do as you wish.

[carolina73]

One cannot legislate term limits. It will require an amendment. let's do it.

That's hard to do when a judge is not an elected seat or term. I'm all for an age limit. This deal of dying in office and not functioning is ridiculous.

[barb012]

Well if there isn't anything that would stop them, why don't we do it first?