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Old 04-01-2019, 04:42 PM
HurricaneDitka is online now
Join Date: Aug 2012
Posts: 14,165
Originally Posted by Whack-a-Mole View Post
Why can congress set the number of justices?

Seems a constitutional matter to me.

If they can set it at nine they can set it at one or none. If none they can abolish a branch of government. Which would seem crazy but if they can set any number then zero is a number.

My point being, congress does not have the right to limit another branch of government. The executive through the senate is the only prescribed means of getting people on the court per the constitution (which trumps congressional laws).
Is your current operating theory that it would be perfectly lawful and kosher for President Trump to nominate Amy Coney Barrett to a 10th seat on the Supreme Court, Mitch McConnell and his Senate Republican pals could schedule the hearing, confirm ACB, and just like that the Court has been expanded to 10 justices?

You think that would be legal?

Last edited by HurricaneDitka; 04-01-2019 at 04:42 PM.