Read on Twitter
As a historical fact, it& #39;s worth noting:
Sen. McConnell changed the number of working justices on The Supreme Court from 9 to 8, for well over a year.
Sen. McConnell changed the number of working justices on The Supreme Court from 9 to 8, for well over a year.
Justice Scalia died in Feb. 2016, but the GOP Senate did not allow for any vote on the first nominee to replace him, ever - and provided for a vote on the second nominee to replace him in April 2017.
1. Congress may "permanently "change the size of the court by law - (until law is amended)
2. The Senate has the ability to temporarily change the size of the Court, by blocking new members.
3. McConnell already did that, make him the & #39;first mover& #39; on altering the Court& #39;s size.
2. The Senate has the ability to temporarily change the size of the Court, by blocking new members.
3. McConnell already did that, make him the & #39;first mover& #39; on altering the Court& #39;s size.
Congress has also used the law to temporarily change the Court& #39;s size to constrain what it viewed as an illegitimate, reckless President -- changing the Court& #39;s size by two, to thwart Andrew Johnson.
Legislative history does not automatically "resolve" what the right approach may be, of course.
Precedent simply shows what& #39;s been done before - and reinforces how McConnell was the first to escalate the "constitutional hardball," and change the functional size of the Court.
Precedent simply shows what& #39;s been done before - and reinforces how McConnell was the first to escalate the "constitutional hardball," and change the functional size of the Court.
