Warren supports court-packing, so i want her to lose.
What’s court packing?
The US constitution in itself does not technically have any requirement for the composition of the US Supreme Court. As such, the number of justices has been controlled by the number of candidates able to make it through the appointment process and statutory law, varying between six to ten. Court-packing schemes, the most infamous of which was FDR's in 1937, refer to any attempt to take advantage of control of the Congress and Presidency in order to add appropriately-partisan justices to the Supreme Court until you're guaranteed to win any court cases that are posed against you or your policies. The effects this would have on the checks and balances between the three branches would be...let us be polite and call it "profoundly negative."
Imagine if an amendment was made that made independents(members of no party) required to be on the Supreme Court. So that cases aren’t defined by party
How do you define 'independent' though? That's the problem as most who label themselves as 'independent' actually lean one way or another.
My compromise position on court packing is that Gorsuch, Kavanaugh, and Thomas should all be impeached for their crimes and replaced with socialist agitators rather than expanding the court size.
I get Kavanaugh and Thomas, but Gorsuch? Any impeachment of him is going to be political, not criminal as his only crime is stealing the seat by proxy of McConnell. Really, it's McConnell who should be punished. Socialist agitators though, lol.
Imagine if an amendment was made that made independents(members of no party) required to be on the Supreme Court. So that cases aren’t defined by party
Most likely? Absolutely nothing would change; most USSC decisions are unanimous and less than 20% are sharply split (5-4). Judges already aren't part of the political apparatus and don't require (or even prefer) direct membership in political parties. This would just result in a question of enforcement and, possibly, even worse. If they're not part of a party officially, do we require them to be? Do we try to infer their political standings? We can't just crack open the ballot box and examine their votes; the secret ballot is also constitutionally protected. Do we do it based on their public statements? How do we reconcile banning people with opinions from holding political offices? Who judges these judges? Another non-partisan committee would be turtles all the way down, and the only reason for this sort of amendment is if you don't trust the partisan Congress (the present arbiter). It's a nasty can of worms for questionable benefit.
Yeah, most of the cases are what have been described as 'bread and butter' cases, basic stuff that are mostly of little interest politically. It's the highly political and polarized stuff (the roughly 20%) that get peoples attention, not the boring ones.
Anyways, my position on court packing is that it should be something only dictatorships and illiberal democracies take part in. Besides, does anybody think that McConnell or any other Republican WOULDN'T pack the court back their way the next chance they get? That's the main problem with court packing, with the way the Republicans (McConnell in particular) respect (or rather, don't) the rules, theres no guarantee that they won't turn the tables around next time.
Given how the parties have changed over time it would be easier to say defined by conservative/liberal lean I think?
Though then you get into all the bullshit with social vs economic, and constitutional originalism vs whatever the fuck they call "interpreting shit in a sensible modern fashion" lately.
Haven't the positions and definitions of conservative/liberal changed over time as well? I mean, the core definition hasn't changed all that much, but the place on the spectrum (though using a 1D line would be a massive oversimplification) has changed over time.