If they don't want the court packing, they better keep majority in Senate.
Super Minion
If they don't want the court packing, they better keep majority in Senate.
"The government is a child that has found their parents credit card, and spends knowing that they never have to reconcile the bill with their own money"-Shannon Churchill
Senior Member
Or better yet, get control of both houses and pass a law that sets the number at 9.Originally Posted by Kathianne
Super Minion
They'd have to enshrine the number in the Constitution, which gives the legislature the power to establish.
"The government is a child that has found their parents credit card, and spends knowing that they never have to reconcile the bill with their own money"-Shannon Churchill
Senior Member
No they wouldn't . The COTUS gives the Congress the authority to establish the courts through laws, Congress already has passed laws concerning the number of judges on lower courts, and could do the same with the Supreme Court. No need for a Constitutional Amendment.
Super Minion
Same as an executive action, what they write, the may repeal. Same with amendment-but a whole lot more difficult.
"The government is a child that has found their parents credit card, and spends knowing that they never have to reconcile the bill with their own money"-Shannon Churchill
Senior Member
Very true , I was simply making the point that a law COULD limit the number of Supreme Court Justices because Congress has that authority, whereas the President would NOT have the authority to limit the number by EO.
And you know that Trump would be sued if he tried to do so, and lose.
Super Minion
Which I stated in my response. It's a legislative action, a law may be repealed, while an amendment would be much harder to undo.
"The government is a child that has found their parents credit card, and spends knowing that they never have to reconcile the bill with their own money"-Shannon Churchill
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