• 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.