President Joe Biden is seriously considering publicly endorsing major reforms at the Supreme Court, a move that would make him the first sitting president in generations to back seismic changes to the way the nation’s highest court operates, according to two sources familiar with the deliberations.
This is false, there is no law stipulating the number of justices. There have been as few as 6 before, and we could have easily increased that to 23 during the first 2 years of Biden’s presidency if Dems were interested in preserving justice and willing to remove the filibuster.
I’m not sure why you believe this is false? From https://www.supremecourt.gov/about/faq_general.aspx :
“Who decides how many Justices are on the Court?: The Constitution places the power to determine the number of Justices in the hands of Congress. The first Judiciary Act, passed in 1789, set the number of Justices at six, one Chief Justice and five Associates. Over the years Congress has passed various acts to change this number, fluctuating from a low of five to a high of ten. The Judiciary Act of 1869 fixed the number of Justices at nine and no subsequent change to the number of Justices has occurred.”
Oh I see, I think it was a misunderstanding. I just meant there’s no law stipulating a particular number. Perhaps the OP could have said it better that it’s “set by Congress,” and they did correctly point out Congress can change it further.
The number of SCOTUS justices is set by law. The President can’t* appoint more without Congress passing a law adding more.
*Of course, that was before they ruled that Presidents are totally immune from any prosecution, so who the fuck knows now.
This is false, there is no law stipulating the number of justices. There have been as few as 6 before, and we could have easily increased that to 23 during the first 2 years of Biden’s presidency if Dems were interested in preserving justice and willing to remove the filibuster.
I’m not sure why you believe this is false? From https://www.supremecourt.gov/about/faq_general.aspx : “Who decides how many Justices are on the Court?: The Constitution places the power to determine the number of Justices in the hands of Congress. The first Judiciary Act, passed in 1789, set the number of Justices at six, one Chief Justice and five Associates. Over the years Congress has passed various acts to change this number, fluctuating from a low of five to a high of ten. The Judiciary Act of 1869 fixed the number of Justices at nine and no subsequent change to the number of Justices has occurred.”
Oh I see, I think it was a misunderstanding. I just meant there’s no law stipulating a particular number. Perhaps the OP could have said it better that it’s “set by Congress,” and they did correctly point out Congress can change it further.