what did the supreme court interpretation of the fourteenth amendment allow the court to do
When Justice Ruth Bader Ginsburg passed abroad on September 18, 2020, many Americans didn't take the proper time to grieve — instead, they panicked almost what her passing meant for the future of the country. Holding the balance of an entire democracy is besides great a burden for anyone'due south shoulders, and Justice Ginsburg had been carrying that weight for a long, long time. Instead of belongings space for her passing, Republican politicians wasted no fourth dimension in queuing upwards a nominee for the empty Supreme Courtroom seat, eventually landing on Amy Coney Barrett — a longtime Notre Matriarch Law School professor who served fewer than three years on the Seventh Circuit earlier her nomination to the highest court in the American judicial system.
In 2016, so-Senate Majority Leader Mitch McConnell infamously vowed to block President Obama'south outgoing Supreme Court nomination of Merrick Garland on the grounds that the American people should accept a "voice" and that to blitz a nomination (and confirmation) would be to overly politicize the outcome. In 2020, yet, McConnell didn't hold to those principles he outlined 4 years earlier, leading to Barrett'due south confirmation hearings and equally rushed swearing in ceremony, which took place about a week before Election 24-hour interval on October 26, 2020.
This move led many to criticize McConnell, including New York Representative Alexandria Ocasio-Cortez (@AOC), who simply tweeted, "Aggrandize the court." Additionally, Massachusetts Senator Ed Markey (@EdMarkey), who is Ocasio-Cortez'due south Green New Deal co-author, tweeted, "Mitch McConnell fix the precedent. No Supreme Court vacancies filled in an election yr. If he violates it, when Democrats command the Senate in the side by side Congress, we must cancel the filibuster and expand the Supreme Court."
The Number of Supreme Courtroom Seats Has Been Adjusted Before — Here'south How It's Done
This call for a SCOTUS expansion has led many to wonder: Is such a move even possible? The short answer: yeah. Congress could easily change the number of seats on the Supreme Court demote. Co-ordinate to the Supreme Courtroom's website, "The Constitution places the power to determine the number of Justices in the easily of Congress" — just another example of those supposed checks and balances that guide a constitutional government. In fact, the number of Justices has shifted several times throughout the Court's history. In 1789, the start Judiciary Human activity set up the number of Justices at six; during the Civil State of war, the number of seats went up to nine then briefly 10; and, one time President Andrew Johnson took office, Congress passed the Judicial Circuits Act in 1866, cutting the number of Justices to 7 so that Johnson couldn't stack the court in favor of Southern states.
Since 1869, however, the Supreme Court has been composed of nine Justices. In semi-recent history, in that location'due south been ane notable attempt to expand the Court — 1 that will live in infamy, so to speak. Back in 1937, President Franklin Delano Roosevelt aimed to expand the Courtroom, which kept shooting downwardly some of his New Deal legislation. More specifically, FDR felt that many of the older Justices were out of bear on with the times, so much and then that they were colloquially dubbed the "nine former men."
FDR's proposal? Add one Justice to the Supreme Court for every seventy-yr-quondam Justice residing on the bench. That would've resulted in fifteen Supreme Court Justices, but even the Democrat-controlled Congress — and FDR'southward own Vice President — were against the idea. Since FDR's infamous defeat, no attempt to aggrandize or reduce the Supreme Court has gathered much steam — until now.
How Likely Is It That Democrats Will Expand the Supreme Court in 2021?
Interestingly plenty, Politico points out that President Biden has been outspoken about not expanding the court. In 2019, President Biden even went as far as saying "nosotros'll alive to rue that day [nosotros expand the Courtroom]," arguing that an expansion would pb to constant changes — more expansions, more than reductions. In short, it would shake the American people's faith in the legitimacy of the Supreme Court (and potentially the Democratic party). Of form, that'south just one scenario — and one that hasn't happened in the past. But, in the past, Vice President Kamala Harris has shown some back up for the idea, maxim she'd exist "open" to it. However, both Vice President Harris and President Biden have also dodged questions surrounding court-packing and Supreme Courtroom expansion.
On the other paw, more outspoken proponents have tried to gather momentum for the thought. Representative Ocasio-Cortez expanded upon her initial "Expand the Court" tweet, calling out Republicans' hypocrisy toward appointing new Justices during presidential election years. "Republicans do this because they don't believe Dems accept the stones to play hardball like they do. And for a long time they've been right," Ocasio-Cortez tweeted. "But do not let them bully the public into thinking their bulldozing is normal merely a response isn't. There is a legal process for expansion."
In the face of a six–3 Conservative majority, folks like Representative Ocasio-Cortez contend that the Supreme Court is out of residue — and, more that, it isn't quite reflective of the American people's concerns and values. And so much lies in the easily of the courtroom: the fate of the Affordable Care Act, Roe v. Wade and marriage equality, just to proper name a few. Now, we'll just have to come across if this imbalance — and Barrett'due south speedy date — are enough to convince President Biden and members of Congress to seriously consider a Supreme Court expansion.
Source: https://www.ask.com/culture/ask-answers-expand-supreme-court?utm_content=params%3Ao%3D740004%26ad%3DdirN%26qo%3DserpIndex
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