Originally Posted by Maurice Clark
Hi Jim,
With respect to packing the court, I agree that it would not be in the democrats best interests, if for no other reason than it would give the republicans excuse to do the same next time they were in power. That being said there is nothing in the constitution that specifies the number of judges on the court. Also, is not packing the court exactly what the republicans are doing now? Blocking an appointment by Obama many months prior to an election and then ramming through one by trump just a couple of weeks prior? One can only hope that the senate republicans pay a high price for the hypocrisy!
Be that as it may, the republicans have been repeatedly doing this at state level for quite some time. A few examples:-
Arizona: In 2016, Arizona Republicans successfully expanded the Arizona Supreme Court from five to seven justices over the objections of the chief justice. The state's Republican governor picked the new justices. The bill's (Republican) sponsor let the cat out of the bag when he said: "If there were a different person appointing [the justices], I might feel less comfortable."
Georgia: In 2016, Republicans in the state legislature pushed through a bill allowing then-governor Nathan Deal (R) to add two more justices to the seven-member state Supreme Court. Deal's lawyer said that he hoped the new court would make more decisions favorable to businesses.
Florida: In 2007, the Republican-controlled Florida legislature attempted to increase the state Supreme Court from seven to 15 justices because they were upset about a ruling it had made on school vouchers. It failed. In 2011, the legislature tried again and failed again.
Iowa: After the state Supreme Court struck down the state's ban on same-sex marriage in 2009, Republicans in the legislature attempted to pack the court by adding two more justices. That didn't work because Democrats controlled the legislature at the time.
Montana: In 2011, Republicans in the state legislature attempted to unpack the state's top court by removing the two most liberal justices. They were completely open about their motives. Nevertheless, the bill died in committee.
Oklahoma: Same story in Oklahoma, only this time the unpacking would have reduced the number of justices from nine to five, eliminating four Democratic appointees. The effort failed.
Pennsylvania: In 2014, the Republicans in the state legislature introduced a bill to shrink government, including eliminating the office of the lieutenant governor, reducing the size of the general assembly, and also the size of the state Supreme Court. Just by chance, all of these changes would have benefited the Republicans. It didn't make it.
South Carolina: From 1995 to 2010, Democratic state senator Robert Ford kept introducing a bill to expand the top court from five to seven justices. It kept failing. Since 2013, Republicans have been trying to pack the court and have kept failing.
Washington: In 2013, Republicans attempted to get rid of four Democratic appointees on the nine-member Supreme Court after the court shot down a Republican-imposed restriction on tax hikes. The Brennan Center for Justice characterized the move as a threat to judicial independence. It failed.
Maurice
Hi Maurice:
Just because the Rs have tried to pack courts at the state level does not make it a good idea. Also, I bet you could find lots of examples of Ds trying to pack the Courts too, if you looked. Still not a good idea for the reasons I mentioned. Frankly, it is a horrible idea, even if it is within the constitutional authority of congress.
Side point: you or maybe it was someone else? suggested that Trump so aggressively filling federal court vacancies was functionally the same as court packing. I disagree. Take a look at this PDF - all of the recent presidents get plenty of appointments approved.
https://www.uscourts.gov/sites/default/files/apptsbypres.pdf
The timetable for Judge Barrett's confirmation process is not rushed either. It is pretty normal for a highly qualified Judge. I agree that the Rs come off as hypocrites and said as much the day after RBG died. But only because of their stupid messaging when Scalia died. Not because of their actions, which are normal in these circumstances.
Anyway, it is nice to hear from you, have a great weekend! You too Jim M, Greg, James, Darian, Russ, David, Mel, Rich and anyone I forgot!
Jim
