• merc@sh.itjust.works
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    1 year ago

    Not setting a limit on the number of Supreme Court judges was an oversight, not a clever trick they came up with to allow the executive to collude with the senate to put an unlimited number of judges on the Supreme Court.

    • DragonTypeWyvern@literature.cafe
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      1 year ago

      No, it wasn’t. They were not stupid, and this is really gonna blow your mind:

      They can also reduce the number of judges instead of just letting it baloon infinitely.

      • merc@sh.itjust.works
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        1 year ago

        Sure, but you can’t remove a judge except by impeachment. So, if you said the supreme court was now 3 judges you’d effectively be getting rid of judges without using impeachment. Whether that’s legal or not would probably be decided in court, which would get challenged all the way up to… the supreme court.

        • DragonTypeWyvern@literature.cafe
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          1 year ago

          The law is clear, a Justice can only be removed through impeachment. If Congress were to reduce the total number of seats as has happened a few times historically there simply would not be a new Justice appointed after one passes or resigns.