# omnibus Supreme Court-packing thread

**URL:** <https://boards.straightdope.com/t/omnibus-supreme-court-packing-thread/831873>\
**Category:** Politics & Elections\
**Created:** [April 1, 2019, 6:10pm UTC](https://boards.straightdope.com/t/omnibus-supreme-court-packing-thread/831873 "2019-04-01T18:10:57Z")\
**Posts on this page:** 20\
**Page:** 5

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**Author:** ![Airbeck](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/airbeck/32/6574_2.png) [@Airbeck](https://boards.straightdope.com/u/Airbeck)\
**Post date:** [April 2, 2019, 5:38pm UTC](https://boards.straightdope.com/t/omnibus-supreme-court-packing-thread/831873/81 "2019-04-02T17:38:53Z")

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> [@HurricaneDitka](#):
>
> 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.

Do you think that McConnell would let this pass so Trump would sign it and this can all happen before the next election? Otherwise its pretty wishful thinking that Trump would be the one to nominate the 10th justice. Something something counting chickens…

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**Author:** ![HurricaneDitka](https://avatars.discourse-cdn.com/v4/letter/h/96bed5/32.png) [@HurricaneDitka](https://boards.straightdope.com/u/HurricaneDitka)\
**Post date:** [April 2, 2019, 5:42pm UTC](https://boards.straightdope.com/t/omnibus-supreme-court-packing-thread/831873/82 "2019-04-02T17:42:52Z")

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> [@Airbeck](#):
>
> Do you think that McConnell would let this pass so Trump would sign it and this can all happen before the next election? Otherwise its pretty wishful thinking that Trump would be the one to nominate the 10th justice. Something something counting chickens…

For the prospect of putting another conservative on the court, and then having a 6-4 court pick 5 additional justices? Yeah, I’m pretty sure McConnell would let that pass. Schumer would pitch a fit though.

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**Author:** ![Airbeck](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/airbeck/32/6574_2.png) [@Airbeck](https://boards.straightdope.com/u/Airbeck)\
**Post date:** [April 2, 2019, 5:44pm UTC](https://boards.straightdope.com/t/omnibus-supreme-court-packing-thread/831873/83 "2019-04-02T17:44:57Z")

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> [@HurricaneDitka](#):
>
> For the prospect of putting another conservative on the court, and then having a 6-4 court pick 5 additional justices? Yeah, I’m pretty sure McConnell would let that pass. Schumer would pitch a fit though.

And you think Pelosi would let this pass the house this term?

You’re a bit off the deep end here with your hypothetical

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**Author:** ![HurricaneDitka](https://avatars.discourse-cdn.com/v4/letter/h/96bed5/32.png) [@HurricaneDitka](https://boards.straightdope.com/u/HurricaneDitka)\
**Post date:** [April 2, 2019, 5:50pm UTC](https://boards.straightdope.com/t/omnibus-supreme-court-packing-thread/831873/84 "2019-04-02T17:50:33Z")

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> [@Airbeck](#):
>
> And you think Pelosi would let this pass the house this term?
> 
> You’re a bit off the deep end here with your hypothetical

It wasn’t _MY_ hypothetical. It was Richard Parker’s / Buttigieg’s. And no, I don’t think it has even the slimmest chance of passing, for precisely the reason that you complain about: everyone, including Pelosi and Schumer, will look at the political implications of passing it, and oppose it if they feel they’ll end up on the short end of the exchange.

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**Author:** ![Sam\_Stone](https://avatars.discourse-cdn.com/v4/letter/s/ecccb3/32.png) [@Sam\_Stone](https://boards.straightdope.com/u/Sam_Stone)\
**Post date:** [April 2, 2019, 5:50pm UTC](https://boards.straightdope.com/t/omnibus-supreme-court-packing-thread/831873/85 "2019-04-02T17:50:49Z")

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> [@Richard\_Parker](#):
>
> 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.

I think you wouldn’t even be considering a change to the court if your side had the plurality. Which means this is not a ‘good government’ reform, but an attempt to gain partisan advantage.

Likewise, the left was perfectly happy with the electoral college when they thought it had created a ‘blue wall’ for Hillary to beat Trump.

I also think that if Republicans had suggested any change at all to the Supreme Court back when it mostly swung to the left, Democrats would be howling that Fascism had arrived or that Republicans were attempting a soft coup and must be stopped.

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**Author:** ![Airbeck](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/airbeck/32/6574_2.png) [@Airbeck](https://boards.straightdope.com/u/Airbeck)\
**Post date:** [April 2, 2019, 5:53pm UTC](https://boards.straightdope.com/t/omnibus-supreme-court-packing-thread/831873/86 "2019-04-02T17:53:40Z")

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> [@HurricaneDitka](#):
>
> It wasn’t _MY_ hypothetical. It was Richard Parker’s / Buttigieg’s. And no, I don’t think it has even the slimmest chance of passing, for precisely the reason that you complain about: everyone, including Pelosi and Schumer, will look at the political implications of passing it, and oppose it if they feel they’ll end up on the short end of the exchange.

No. Richard Parker posted the idea, from a Democratic candidate about something that may happen should he be elected president. You created your hypothetical of how you dreamed it would play out if the current legislature passed this plan this term. Your post is what is divorced from reality. Its right there, just scroll up to post #79. All your words.

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**Author:** ![HurricaneDitka](https://avatars.discourse-cdn.com/v4/letter/h/96bed5/32.png) [@HurricaneDitka](https://boards.straightdope.com/u/HurricaneDitka)\
**Post date:** [April 2, 2019, 5:55pm UTC](https://boards.straightdope.com/t/omnibus-supreme-court-packing-thread/831873/87 "2019-04-02T17:55:48Z")

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> [@Airbeck](#):
>
> No. Richard Parker posted the idea, from a Democratic candidate about something that may happen should he be elected president. You created your hypothetical of how you dreamed it would play out if the current legislature passed this plan this term. Your post is what is divorced from reality. Its right there, just scroll up to post #79. All your words.

As Sam Stone noted, if you only like the idea if a Dem is president when it gets implemented, it’s painfully obvious that you only support it “to be able to force our will on the other team”.

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**Author:** ![iiandyiiii](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/iiandyiiii/32/7924_2.png) [@iiandyiiii](https://boards.straightdope.com/u/iiandyiiii)\
**Post date:** [April 2, 2019, 5:57pm UTC](https://boards.straightdope.com/t/omnibus-supreme-court-packing-thread/831873/88 "2019-04-02T17:57:06Z")

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> [@Sam\_Stone](#):
>
> I think you wouldn’t even be considering a change to the court if your side had the plurality. Which means this is not a ‘good government’ reform, but an attempt to gain partisan advantage.
> 
> Likewise, the left was perfectly happy with the electoral college when they thought it had created a ‘blue wall’ for Hillary to beat Trump.
> 
> I also think that if Republicans had suggested any change at all to the Supreme Court back when it mostly swung to the left, Democrats would be howling that Fascism had arrived or that Republicans were attempting a soft coup and must be stopped.

All this, accurate or not, ignores that SCOTUS is already a partisan institution. You must realize that suggesting to the Democrats that they play softball while the Republicans play hardball is not likely to fly, right? A political institution will be treated politically, and this shouldn’t be a surprise to anyone. Sure, it’d be better for the country if this weren’t the case, but the only way to make that happen is with a Constitutional amendment.

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<div class="post-metadata">

**Author:** ![Airbeck](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/airbeck/32/6574_2.png) [@Airbeck](https://boards.straightdope.com/u/Airbeck)\
**Post date:** [April 2, 2019, 6:02pm UTC](https://boards.straightdope.com/t/omnibus-supreme-court-packing-thread/831873/89 "2019-04-02T18:02:04Z")

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> [@HurricaneDitka](#):
>
> As Sam Stone noted, if you only like the idea if a Dem is president when it gets implemented, it’s painfully obvious that you only support it “to be able to force our will on the other team”.

What I want is for the Supreme Court to be a legitimate non-political body of government again. What you want is your side to win no matter the cost.

Your side can’t deny a president a supreme court pick, then complain about what the other side is doing by trying to figure out a way to restore legitimacy to the court. Legitimacy that your side destroyed. Why don’t you hold your own side accountable for everything you criticize the other side for? Self delusion is a powerful thing I guess. Really sad for America that so many are falling victim to it so completely, and willingly.

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<div class="post-metadata">

**Author:** ![HurricaneDitka](https://avatars.discourse-cdn.com/v4/letter/h/96bed5/32.png) [@HurricaneDitka](https://boards.straightdope.com/u/HurricaneDitka)\
**Post date:** [April 2, 2019, 6:05pm UTC](https://boards.straightdope.com/t/omnibus-supreme-court-packing-thread/831873/90 "2019-04-02T18:05:05Z")

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> [@Airbeck](#):
>
> What I want is for the Supreme Court to be a legitimate non-political body of government again. What you want is your side to win no matter the cost.
> 
> Your side can’t deny a president a supreme court pick, then complain about what the other side is doing by trying to figure out a way to restore legitimacy to the court. Legitimacy that your side destroyed. Why don’t you hold your own side accountable for everything you criticize the other side for? Self delusion is a powerful thing I guess. Really sad for America that so many are falling victim to it so completely, and willingly.

Your side is currently discussing packing the court. That’s literally the topic of this thread. And you want to wax poetic about how you’re just “trying to figure out a way to restore legitimacy”. LMAO!

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**Author:** ![Velocity](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/velocity/32/18006_2.png) [@Velocity](https://boards.straightdope.com/u/Velocity)\
**Post date:** [April 2, 2019, 6:08pm UTC](https://boards.straightdope.com/t/omnibus-supreme-court-packing-thread/831873/91 "2019-04-02T18:08:36Z")

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The talk about “let’s bring back legitimacy to the SCOTUS by court-packing” is like “last time the ref helped out our opponents unfairly, so this time we’ll outright \*\*\*bribe \*\*\*the refs and league commissioner. That’ll restore faith and trust in officiating.”

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**Author:** ![Velocity](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/velocity/32/18006_2.png) [@Velocity](https://boards.straightdope.com/u/Velocity)\
**Post date:** [April 2, 2019, 6:09pm UTC](https://boards.straightdope.com/t/omnibus-supreme-court-packing-thread/831873/92 "2019-04-02T18:09:55Z")

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> [@Sam\_Stone](#):
>
> Likewise, the left was perfectly happy with the electoral college when they thought it had created a ‘blue wall’ for Hillary to beat Trump.

I don’t think so - one way or another, the Electoral College was and is a disadvantage for the left. The blue wall didn’t “favor” the Democrats any more than California’s 55 electoral votes favor the D’s; it just happened to be a swath of blue states.

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**Author:** ![Richard\_Parker](https://avatars.discourse-cdn.com/v4/letter/r/35a633/32.png) [@Richard\_Parker](https://boards.straightdope.com/u/Richard_Parker)\
**Post date:** [April 2, 2019, 6:11pm UTC](https://boards.straightdope.com/t/omnibus-supreme-court-packing-thread/831873/93 "2019-04-02T18:11:34Z")

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> [@HurricaneDitka](#):
>
> 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.

I think they would quite easily find consensus. That aside, I understand the proposal to be that the slots are filled if they find consensus and not filled if they don’t.

Why do you put “political appointees” in quotes?

Also, did you have any substantive comment on the merits of the proposal?

> [@Sam\_Stone](#):
>
> I think you wouldn’t even be considering a change to the court if your side had the plurality.

That’s nice. You know very little about me. Any comment on the actual proposal?

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<div class="post-metadata">

**Author:** ![Airbeck](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/airbeck/32/6574_2.png) [@Airbeck](https://boards.straightdope.com/u/Airbeck)\
**Post date:** [April 2, 2019, 6:13pm UTC](https://boards.straightdope.com/t/omnibus-supreme-court-packing-thread/831873/94 "2019-04-02T18:13:56Z")

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> [@HurricaneDitka](#):
>
> Your side is currently discussing packing the court. That’s literally the topic of this thread. And you want to wax poetic about how you’re just “trying to figure out a way to restore legitimacy”. LMAO!

This scorched earth, winner take all, fuck the other side politics is going to be the end of our republic. That you find it all a laughing matter is just repulsive.

I hope for both of our sakes and for the sake of the next generations that our better nature as a society wins out in the end.

Maybe one day we’ll have a legitimate Supreme Court again, but as long as one side will use nuclear weapons to get an advantage while demanding the other side put down the water gun because its partisan, we’ll never get there. And that is very bad for our country. Regardless of whatever short term gain you think you’re getting right now, it is harming us greatly for the long term.

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<div class="post-metadata">

**Author:** ![HurricaneDitka](https://avatars.discourse-cdn.com/v4/letter/h/96bed5/32.png) [@HurricaneDitka](https://boards.straightdope.com/u/HurricaneDitka)\
**Post date:** [April 2, 2019, 6:20pm UTC](https://boards.straightdope.com/t/omnibus-supreme-court-packing-thread/831873/95 "2019-04-02T18:20:13Z")

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> [@Airbeck](#):
>
> This scorched earth, winner take all, fuck the other side politics is going to be the end of our republic. …

I agree. And I don’t think that’s a laughing matter. That you pretend you’re not doing your damnedest to do the exact same thing, in a thread about court-packing, is what I find laughable.

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**Author:** ![iiandyiiii](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/iiandyiiii/32/7924_2.png) [@iiandyiiii](https://boards.straightdope.com/u/iiandyiiii)\
**Post date:** [April 2, 2019, 6:22pm UTC](https://boards.straightdope.com/t/omnibus-supreme-court-packing-thread/831873/96 "2019-04-02T18:22:33Z")

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> [@Velocity](#):
>
> The talk about “let’s bring back legitimacy to the SCOTUS by court-packing” is like “last time the ref helped out our opponents unfairly, so this time we’ll outright \*\*\*bribe \*\*\*the refs and league commissioner. That’ll restore faith and trust in officiating.”

Court-packing isn’t about bringing back “legitimacy” to the SCOTUS. It’s about bringing a gun, instead of a pillow, to a gun fight.

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<div class="post-metadata">

**Author:** ![HurricaneDitka](https://avatars.discourse-cdn.com/v4/letter/h/96bed5/32.png) [@HurricaneDitka](https://boards.straightdope.com/u/HurricaneDitka)\
**Post date:** [April 2, 2019, 6:22pm UTC](https://boards.straightdope.com/t/omnibus-supreme-court-packing-thread/831873/97 "2019-04-02T18:22:57Z")

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> [@Richard\_Parker](#):
>
> … Also, did you have any substantive comment on the merits of the proposal? …

Just a question: would you support it’s passage now, in 2019, with the current President and Senate, or is it only going to be an idea you like the next time a Dem is in the White House?

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<div class="post-metadata">

**Author:** ![Airbeck](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/airbeck/32/6574_2.png) [@Airbeck](https://boards.straightdope.com/u/Airbeck)\
**Post date:** [April 2, 2019, 6:24pm UTC](https://boards.straightdope.com/t/omnibus-supreme-court-packing-thread/831873/98 "2019-04-02T18:24:29Z")

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> [@HurricaneDitka](#):
>
> I agree. And I don’t think that’s a laughing matter. That you pretend you’re not doing your damndest to do the exact same thing, in a thread about court-packing, is what I find laughable.

You don’t know me. You don’t know my motivations.

Read back through this thread. My first post in the thread was a response to you, like an hour ago. What am I “trying my damndest to do”? Read _my_ posts and respond to what _I_ said please. Don’t assign everything you disagree with in this thread to me.

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<div class="post-metadata">

**Author:** ![Richard\_Parker](https://avatars.discourse-cdn.com/v4/letter/r/35a633/32.png) [@Richard\_Parker](https://boards.straightdope.com/u/Richard_Parker)\
**Post date:** [April 2, 2019, 6:26pm UTC](https://boards.straightdope.com/t/omnibus-supreme-court-packing-thread/831873/99 "2019-04-02T18:26:08Z")

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> [@HurricaneDitka](#):
>
> Just a question: would you support it’s passage now, in 2019, with the current President and Senate, or is it only going to be an idea you like the next time a Dem is in the White House?

I thought I made it pretty clear in my post that I don’t think it obviously benefits whichever party agrees in passing it.

In fact, I find it a little surprising that you and **Sam Stone** think it is so obviously a power-grab. You don’t think the consensus appointments of a 5-5 or 6-4 court would result in jurists who would side with conservatives? Why not?

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<div class="post-metadata">

**Author:** ![Velocity](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/velocity/32/18006_2.png) [@Velocity](https://boards.straightdope.com/u/Velocity)\
**Post date:** [April 2, 2019, 6:34pm UTC](https://boards.straightdope.com/t/omnibus-supreme-court-packing-thread/831873/100 "2019-04-02T18:34:25Z")

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> [@iiandyiiii](#):
>
> It’s about bringing a gun, instead of a pillow, to a gun fight.

Except that Republicans haven’t packed the Court yet. Court-packing goes significantly beyond what McConnell, etc did.

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