The Supreme Courts Power of Judicial Review Was Established by Quizlet
When Justice Ruth Bader Ginsburg passed away on September 18, 2020, many Americans didn't accept the proper time to grieve — instead, they panicked nearly what her passing meant for the future of the country. Belongings the balance of an entire democracy is too great a brunt for anyone's shoulders, and Justice Ginsburg had been conveying that weight for a long, long time. Instead of holding infinite 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 Dame Constabulary Schoolhouse professor who served fewer than three years on the Seventh Circuit before her nomination to the highest courtroom in the American judicial arrangement.
In 2016, then-Senate Majority Leader Mitch McConnell infamously vowed to block President Obama's outgoing Supreme Court nomination of Merrick Garland on the grounds that the American people should take a "phonation" and that to rush a nomination (and confirmation) would exist to overly politicize the issue. In 2020, however, McConnell didn't hold to those principles he outlined four years before, leading to Barrett's confirmation hearings and equally rushed swearing in anniversary, which took place well-nigh a week earlier Election Solar day 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 Light-green New Bargain co-author, tweeted, "Mitch McConnell ready the precedent. No Supreme Courtroom vacancies filled in an ballot year. If he violates information technology, when Democrats control the Senate in the next Congress, we must abolish the filibuster and expand the Supreme Court."
The Number of Supreme Court Seats Has Been Adjusted Before — Here'due south How It's Done
This call for a SCOTUS expansion has led many to wonder: Is such a move fifty-fifty possible? The short answer: yes. Congress could easily change the number of seats on the Supreme Court bench. According to the Supreme Court's website, "The Constitution places the power to determine the number of Justices in the hands of Congress" — just another case of those supposed checks and balances that guide a constitutional government. In fact, the number of Justices has shifted several times throughout the Courtroom'south history. In 1789, the get-go Judiciary Act set up the number of Justices at half-dozen; during the Civil War, the number of seats went upwardly to 9 and then briefly x; and, in one case President Andrew Johnson took office, Congress passed the Judicial Circuits Act in 1866, cutting the number of Justices to seven and so that Johnson couldn't stack the court in favor of Southern states.
Since 1869, yet, the Supreme Court has been composed of nine Justices. In semi-recent history, in that location's been 1 notable attempt to aggrandize the Courtroom — ane that volition live in infamy, and so to speak. Back in 1937, President Franklin Delano Roosevelt aimed to expand the Court, which kept shooting down some of his New Bargain legislation. More specifically, FDR felt that many of the older Justices were out of touch with the times, then much and so that they were colloquially dubbed the "nine old men."
FDR'southward proposal? Add one Justice to the Supreme Court for every 70-year-old Justice residing on the bench. That would've resulted in fifteen Supreme Court Justices, but fifty-fifty the Democrat-controlled Congress — and FDR's ain Vice President — were against the idea. Since FDR'south infamous defeat, no attempt to aggrandize or reduce the Supreme Court has gathered much steam — until now.
How Likely Is It That Democrats Volition Expand the Supreme Courtroom in 2021?
Interestingly enough, Politician points out that President Biden has been outspoken about not expanding the court. In 2019, President Biden fifty-fifty went as far as saying "we'll alive to rue that day [we expand the Court]," arguing that an expansion would lead to constant changes — more expansions, more reductions. In curt, it would shake the American people's faith in the legitimacy of the Supreme Court (and potentially the Democratic party). Of course, that'south just ane scenario — and one that hasn't happened in the past. Only, in the by, Vice President Kamala Harris has shown some back up for the idea, saying she'd be "open" to information technology. However, both Vice President Harris and President Biden accept also dodged questions surrounding courtroom-packing and Supreme Court expansion.
On the other hand, more than outspoken proponents have tried to gather momentum for the idea. 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 similar they practice. And for a long time they've been correct," Ocasio-Cortez tweeted. "But do not let them nifty the public into thinking their bulldozing is normal but a response isn't. There is a legal process for expansion."
In the face of a 6–3 Bourgeois bulk, folks similar Representative Ocasio-Cortez argue that the Supreme Court is out of balance — and, more than than that, it isn't quite reflective of the American people'south concerns and values. And then much lies in the hands of the court: the fate of the Affordable Care Deed, Roe v. Wade and marriage equality, simply to name a few. Now, we'll just have to run into if this imbalance — and Barrett'southward speedy engagement — are plenty to convince President Biden and members of Congress to seriously consider a Supreme Court expansion.
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Source: https://www.ask.com/culture/ask-answers-expand-supreme-court?utm_content=params%3Ao%3D740004%26ad%3DdirN%26qo%3DserpIndex
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