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As a historical fact, it'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 'first mover' on altering the Court'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 'first mover' on altering the Court's size.
Congress has also used the law to temporarily change the Court's size to constrain what it viewed as an illegitimate, reckless President -- changing the Court'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'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's been done before - and reinforces how McConnell was the first to escalate the "constitutional hardball," and change the functional size of the Court.
