Author Topic: Senior U.S. Supreme Court Associate Justice Antonin Scalia found dead at West Texas ranch  (Read 11046 times)

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Offline mrclose

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Can Congress delay the appointment for over a year?  I don't mean to say whether they'd want to or not, but don't Supreme Court justices have to be replaced with some level of speed? 

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If it's delayed until a Senate recess, then Obama would be able to appoint anyone to the vacancy (at least, until the end of the next Senate).

Simple solution: Congress should pass an eight justices amendment.
No need for a ninth.

The Constitution gives Congress the power to decide how many seats there are on the Supreme Court. In 1789, there were only six.

Congress could reduce the number of Supreme Court justices from the current nine to eight.

There has been as many as ten.
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Offline Bigun

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Simple solution: Congress should pass an eight justices amendment.
No need for a ninth.

The Constitution gives Congress the power to decide how many seats there are on the Supreme Court. In 1789, there were only six.

Congress could reduce the number of Supreme Court justices from the current nine to eight.

There has been as many as ten.

Another little know fact is that they can limit what the court can consider! The power to do it is right there in the Constitution but they have never had the GUTS to uses it!
"I wish it need not have happened in my time," said Frodo.

"So do I," said Gandalf, "and so do all who live to see such times. But that is not for them to decide. All we have to decide is what to do with the time that is given us."
- J. R. R. Tolkien

Offline mrclose

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Another little know fact is that they can limit what the court can consider! The power to do it is right there in the Constitution but they have never had the GUTS to uses it!

Heck, none of em have read it, the constitution .. except Ted!
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Offline Bigun

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Heck, none of em have read it, the constitution .. except Ted!

That is to close to the truth for comfort!
"I wish it need not have happened in my time," said Frodo.

"So do I," said Gandalf, "and so do all who live to see such times. But that is not for them to decide. All we have to decide is what to do with the time that is given us."
- J. R. R. Tolkien

Offline flowers

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Scalia Will Lie in Repose in Supreme Court Building on Friday

http://www.nbcnews.com/news/us-news/scalia-could-lie-repose-supreme-court-building-friday-n519506?cid=sm_tw&hootPostID=d0c3601e1290f1318d93645a55c16a1b

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Justice Antonin Scalia's body will lie in repose on Friday in the Great Hall of the Supreme Court building.

This honor was last given to Chief Justice William Rehnquist in 2005.

The public is invited to pay respects from 10:30 a.m. until 8 p.m. A private ceremony at the Supreme Court will begin at 9:30 a.m.

The funeral will likely follow on Saturday at the Basilica of the National Shrine of the Immaculate Conception. This is one of the places where Pope Francis said mass during his visit to Washington, which Justice Scalia attended.


HonestJohn

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Simple solution: Congress should pass an eight justices amendment.
No need for a ninth.

The Constitution gives Congress the power to decide how many seats there are on the Supreme Court. In 1789, there were only six.

Congress could reduce the number of Supreme Court justices from the current nine to eight.

There has been as many as ten.

Do you really think that your suggestion will muster the requisite number of 'aye' votes?

And is having a Supreme Court with an even number of seats a good idea?
« Last Edit: February 16, 2016, 09:51:23 pm by HonestJohn »

Offline jmyrlefuller

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Do you really think that your suggestion will muster the requisite number of 'aye' votes?

And is having a Supreme Court with an even number of seats a good idea?
In theory, I would WANT an even number of seats. It'd make them more eager to work out a solution if there were a risk of a tie.

In practice, Roberts or Kennedy would be the first to flip to the other side as it's currently configured.
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Offline mrclose

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Do you really think that your suggestion will muster the requisite number of 'aye' votes?

And is having a Supreme Court with an even number of seats a good idea?

I see this lame argument almost everywhere.

The court started out at six!
We even had ten at one time.
Too, where is this argument when a justice recuses themselves?
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HonestJohn

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I see this lame argument almost everywhere.

The court started out at six!
We even had ten at one time.
Too, where is this argument when a justice recuses themselves?

Please answer the questions.  Do you really think a Constitutional amendment will garner the number of votes needed?

And why is it a good idea? Jmyrlefuller had a good argument, but I do think it's necessary to have an odd number of judges to settle ties.  The Appeals courts use 3 judge panels for that reason.

Offline katzenjammer

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There is no need for a Constitutional Amendment to alter the number of Supreme Court Justices.  As established in Article III Section 1, Congress is given the authority to set the number of Justices via statute.  It was last altered when it was set to nine via statute in 1869.

Offline mrclose

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Please answer the questions.  Do you really think a Constitutional amendment will garner the number of votes needed?

And why is it a good idea? Jmyrlefuller had a good argument, but I do think it's necessary to have an odd number of judges to settle ties.  The Appeals courts use 3 judge panels for that reason.

I answered the lamest of the two questions!

No, I don't expect the Republican held senate to do Anything except approve Everything the Kenyan wants approved!

I just offered one solution out of the many!

As I said .. Where is this same lame argument when the court is even in number when a justice recuses themselves?

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The idea of having an even number of justices on the Supreme Court is not a new one. In fact, the Judiciary Act of 1789, which first set up the federal judicial system, established a six-person Supreme Court. And in its early years, the Republic clung to the even-number status quo.

Would those 4-4 ties cripple the judicial system?

They might have the opposite effect.


http://www.thecrimson.com/article/2006/2/5/and-then-there-were-eight-the/
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