Reply to Could Biden Just Appoint a Bunch of New SCOTUS Justices?

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]Scotus is governed by statute passed by Congress.

https://www.law.cornell.edu/uscode/text/28/part-I/chapter-1

Congress can increase or decrease the size of the court. [/quote]

Yeah, I know. [b] But the Senate decided to violate that statute for a year or so by refusing to act on Garland's nomination.[/b]  Obviously they don't see it as binding.  So why couldn't they confirm a few more if they were nominated? [/quote]

The Senate was arguably violating the Constitution and their own rules by disregarding the Garland nomination.

Biden could nominate someone...but the Senate would be under no obligation to consider it. [/quote]

There was no such violation.  You may not like what they did and there could be (but was not) a political price for what they did.  But the right not to consider is part of the power to confirm.  It's not a machine where you vote when someone tells you.  The majority decides when they vote.  Nothing can force the majority.  The oversight for this is the People who can vote the people out that did wrong.  Of course here the People rewarded them largely.

Even if they did violate the statute (which they did not) that does not mean that the other side can now violate it.  And even if they did -- there are not 50 votes to add more justices.  A year from now Biden will not get any judge confirmed unless the person is a Republican since you are likely looking at a 54-46 Republican Senate.

I am a Democrat and this is the reality.[/quote]

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