Here is a thought. What would happen if as soon as Breyer retires Georgia proves that the special election for its Senators back on Jan 5th 2021 was stolen and therefore cancelled. Then the Senate would be 50 Republican's and 48 Democrats. Republican Governor would pick the two replacements.
Talk about libs losing their minds. It would be awesome.
The constitution does not limit the number of justices. The court can operate with 8, or 10, or 5. It started with 6 for many years, then 7, then 9. The President could nominate 3 people tomorrow, and if they were confirmed by the Senate, they'd be justices. That's what all the talk of stacking the court was about- appointing extra people just because you can.
Correct me if I'm wrong but the congress and senate votes on size of court. Prez can't just nominate 3 judges.
Yes he can, but every nomination must be approved by the Senate. So, it's the President and Senate together. The constitution is very clear. It's just tradition that keeps it at 9. If they stopped approving, the court would decline by attrition. If they approved 5 more, there would be 5 more. President can't do it alone; Senate can't do it alone.
How is the number of justices on the Supreme Court determined?
Who decides how many Justices are on the Court? Have there always been nine? The Constitution places the power to determine the number of Justices in the hands of Congress. The first Judiciary Act, passed in 1789, set the number of Justices at six, one Chief Justice and five Associates. How many Supreme Court justice seats are there?
Over the years, various Acts of Congress have altered the number of seats on the Supreme Court, from a low of five to a high of 10. Shortly after the Civil War, the number of seats on the Court was fixed at nine. Today, there is one Chief Justice and eight Associate Justices of the United States Supreme Court. Can you add justices to the Supreme Court?
Congress has not changed the number of justices since the 1869 act. In sum, over time, Congress has enacted statutes adding and subtracting Supreme Court justices. It may also relate to President Franklin Roosevelt’s attempt to expand the court in 1937.
It appears Congress decides the NUMBER of supreme court seats.
Thanks for correcting me. I was only reading the constitution, not congressional acts.