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Old 04-02-2019, 12:28 PM
HurricaneDitka is offline
Join Date: Aug 2012
Posts: 14,570
Originally Posted by Richard Parker View Post
What do people think of the idea of expanding the Court to ten political appointments (adding one seat), and then requiring 5 additional seats to be filled by the consensus of the 10 political appointees?

This is the idea Pete Buttigieg is supporting. I like it. It has the virtue of defusing somewhat the politicization of appointments while also not being obviously to the benefit of whatever party succeeds in creating it. A bigger court also has other benefits.
So President Trump nominates ACB and then her and the current court select five additional justices? You said "consensus". Does that mean the 10 justices have to unanimously approve of the new member? What happens in the quite-likely scenario that they don't reach a consensus? Do those seats sit vacant and the existing 10 members rule on cases? Or is it a majority of the 10-member "political appointees" that choose the remaining 5, in which case I would hope and expect that the 5 would be rather conservative in their judicial philosophy.