• jordanlund@lemmy.worldOPM
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    3 days ago

    Packing the court isn’t an option unless you also make it impossible for anyone else to pack the court.

    Let’s say a Democrat wins in '28 and decides to expand the court from 9 to 13. +4. That flips the 6-3 majority to a 7-6 majority.

    The next elected Republican will just expand it to 15, flipping it back.

    We could lock it in with a Constitutional Amendment saying that the Supreme Court must be made up of one member from each Circuit Court, of which there are currently 13. The numbered courts 1-11, plus DC and the Fed.

    Maybe even add age limits and term limits while we’re at it.

    But man, the bar on an amendment is too high to pass now. 2/3rds of the House and Senate, then ratification from 38 states.

    • queermunist she/her@lemmy.ml
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      3 days ago

      True, but I see two solutions.

      1. Pack the Court and then use the packed Court to dismantle the Republican Party so they can never win again.

      2. Make every US adult a Supreme Court member and let them all vote on cases. Just turn it into a direct democracy.

      • jordanlund@lemmy.worldOPM
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        3 days ago

        Not opposed to option 1, but I’d rather see it being part of the RICO act, round them all up as domestic enemies of the Constitution.

        Option 2 may be worse than what we have currently. 🤣 You’d have people with no knowledge of the law making legal decisions and in a way where they are completely uninformed.

        You want “Idiocracy”? Because that’s how you get “Idiocracy”. 😉

        • queermunist she/her@lemmy.ml
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          3 days ago

          I don’t buy these anti-democracy talking points, the problem in the US has always been that we have too little democracy.

          The People are often ahead of the Supreme Court historically - look at same sex marriage. Same sex marriage approval crossed the 50% threshold in 2011 but the Court didn’t reach that conclusion until 2015. Go back farther and look at segregation - the majority of the US approved of desegregating schools and busses at the time of the ruling. If this was a democracy we’d have had those rights possibly earlier because the Court is either in-line with or behind public opinion.

          I know for a fact that a democratic Supreme Court wouldn’t have ruled in Citizens United that bribery is legal.

          • jordanlund@lemmy.worldOPM
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            3 days ago

            You have more faith in the voting public than I do. 🤣 This is the same bunch that elected Trump twice, a second time after 34 felony convictions.

                • queermunist she/her@lemmy.ml
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                  3 days ago

                  We wouldn’t really be using our electoral system if everyone was a Supreme Court Justice, it’d be a much more direct voting system without an electoral college and if no result got >50% the Court would be hung and there would be no decision.

                  Honestly better than our shitty elections.