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Political Discussion
Reply to "Is a prolonged SCOTUS vacancy really terrible?"
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[quote=takoma]The Constitution does not set the number of justices. It has varied from seven to ten (and FDR wanted to allow it to go up by steps to fifteen), and it was actually set at eight for a while. I can even see an argument that it is good to have an even number, on grounds that overturning a lower court or setting a major new policy like same sex marriage or Citizens United by 5 - 4 is extremely divisive, so when the Court is that evenly divided, perhaps it's better to have 4 - 4 and keep the status quo. I'm not advocating this, since I think someone like Srinivasan should be nominated and approved. But just for perspective, I think we ought to look at the alternative without being strait-jacketed by our party labels.[/quote]
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