General Discussion

theophilus

(3,750 posts) Thu Mar 7, 2019, 05:23 PM Mar 2019

If a Democrat wins in 2020 and there is a strong Democratic Senate

and House could they:

Consolidate power by actually delivering on promises for the economy, healthcare, jobs creation, etc. And then undo the court stacking of Trump by appointing more Justices to the Supreme Court (more than 9 I mean)? This would have to be after public opinion is strongly in favor of doing away with the decisions being handed down by the lower courts in service to the Oligarchs. Could a Civil War be avoided while doing that?

11 replies

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If a Democrat wins in 2020 and there is a strong Democratic Senate (Original Post) theophilus Mar 2019 OP

I believe a Dem Senate and President can add more justices to the Court manor321 Mar 2019 #1

Those are both the dumbest ideas in the history of dumb ideas theboss Mar 2019 #4

They could if the Republicans either start compromising marylandblue Mar 2019 #2

It would be difficult to stack the Supreme Court NewJeffCT Mar 2019 #3

FDR floated the SCOTUS packing idea in 1937, and it backfired Wednesdays Mar 2019 #6

There were other reasons the Democrats lost seats in 1938 NewJeffCT Mar 2019 #11

2022 we could have a filibuster proof senate majority, ridding of filibuster would be huge mistake beachbum bob Mar 2019 #7

I think FDR wanted to change the law... sacto95834 Mar 2019 #10

I don't think either party is in a position to "Consoldiate power" at any point in the near future. theboss Mar 2019 #5

we are no longer in "in normal times", I expect more voter backlash against GOP in 2020 at same beachbum bob Mar 2019 #8

Yea. I've fallen into that trap a few times. theboss Mar 2019 #9

manor321

(3,344 posts)

1. I believe a Dem Senate and President can add more justices to the Court

Reply to theophilus (Original post)

Thu Mar 7, 2019, 05:28 PM

Mar 2019

And they should do so.

The Constitution does not specify the number of justices.

And get rid of the filibuster. There will be no progressive agenda with the filibuster.

theboss

(10,491 posts)

4. Those are both the dumbest ideas in the history of dumb ideas

Reply to manor321 (Reply #1)

Thu Mar 7, 2019, 05:34 PM

Mar 2019

We are going to have 600 Supreme Court justices if he start down this path.

marylandblue

(12,344 posts)

2. They could if the Republicans either start compromising

Reply to theophilus (Original post)

Thu Mar 7, 2019, 05:29 PM

Mar 2019

which is unlikely, but if they get a really hard shellacking, they just might. Alternatively, there would be pressure on Democrats to get rid of the filibuster, which might be the only way to do anything.

As for averting a civil war, there probably won't be one anyway, but we could see a Tea Party backlash again, likely more violent than before, witj Trump egging them on.

NewJeffCT

(56,828 posts)

3. It would be difficult to stack the Supreme Court

Reply to theophilus (Original post)

Thu Mar 7, 2019, 05:30 PM

Mar 2019

there was a law passed somewhere around the Civil War that set the number of SCOTUS justices at 9

That law would need to be repealed and a new law put in place for 11 or 12 justices. The media would be outraged at this break from precedent.

I think Senate Democrats would likely be hesitant to completely tank the filibuster to enact something that BIG without a 61 vote majority. In looking at the senate map for 2020, a good turnout and a wave election would mean Democrats pickup 5-6 seats, maybe 7. It would get them to a majority, but not filibuster proof.

Wednesdays

(17,380 posts)

6. FDR floated the SCOTUS packing idea in 1937, and it backfired

Reply to NewJeffCT (Reply #3)

Thu Mar 7, 2019, 06:40 PM

Mar 2019

The proposal was so unpopular, Democrats lost a bunch of seats in the 1938 election.

NewJeffCT

(56,828 posts)

11. There were other reasons the Democrats lost seats in 1938

Reply to Wednesdays (Reply #6)

Thu Mar 7, 2019, 07:33 PM

Mar 2019

Pressure from Republicans and moderate Democrats to reign in spending and balance the budget led to decreased government spending and a big new recession when we still hadn't full recovered from the Great Depression

beachbum bob

(10,437 posts)

7. 2022 we could have a filibuster proof senate majority, ridding of filibuster would be huge mistake

Reply to NewJeffCT (Reply #3)

Thu Mar 7, 2019, 07:08 PM

Mar 2019

and why McConnel will not

sacto95834

(393 posts)

10. I think FDR wanted to change the law...

Reply to NewJeffCT (Reply #3)

Thu Mar 7, 2019, 07:26 PM

Mar 2019

The SCOTS was giving him all kinds of problems - striking down laws. He proposed changing the # of court members on the SC, and we now have that famous meme: "A switch in time saved nine...."

theboss

(10,491 posts)

5. I don't think either party is in a position to "Consoldiate power" at any point in the near future.

Reply to theophilus (Original post)

Thu Mar 7, 2019, 05:37 PM

Mar 2019

The lesson of politics since 1990 or so has been that Americans really really really like divided government. Any "wave" election is quickly followed by another way in the opposite direction.

My biggest fear for 2020 is that our success in 2018 is going to face a natural backlash.

beachbum bob

(10,437 posts)

8. we are no longer in "in normal times", I expect more voter backlash against GOP in 2020 at same

Reply to theboss (Reply #5)

Thu Mar 7, 2019, 07:09 PM

Mar 2019

levels of 2018

theboss

(10,491 posts)

9. Yea. I've fallen into that trap a few times.

Reply to beachbum bob (Reply #8)

Thu Mar 7, 2019, 07:18 PM

Mar 2019

I thought the maps were re-written in 2008. How’d that work out?

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