How Biden Could Expand The Courts

Did you know that having only nine Supreme Court Justices and giving them lifetime appointments isn’t stipulated anywhere in the U.S. Constitution? Well, as it turns out, the Constitution is silent on two of the most important constitutional questions, and instead we have been governing these things through a series of informal and formal norms and rules.

So if the system is broken, with anti-Democratic outputs and corrupt inputs, and there’s nothing in the rules that says this is the way things have to be, why isn’t anyone trying to change things? When it comes to SCOTUS, the obvious is always worth reiterating: this court is made up of members who were selected by multiple Presidents who did not win the popular vote (Trump & Bush Jr.) and many of the ideologies they represent are an extremist minority even within hegemonic conservative schools of thought.

The best way forward is to change the broken playing field. The first way to do this is to have the Senate get rid of the filibuster for lower courts (like they did with SCOTUS picks), expand the number of district courts in order to keep up with the ever mounting piles of litigation, and finally to do with FDR was able to avoid through sheer force of luck: expanding the number of Justices on the Supreme Court to dilute the influence of unaccountable and corrupt appointees.

Recorded January, 2023

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Thanks to Paige Omek, Alexandra Ornes, and Max Inhoff

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