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1 posted on 04/14/2021 5:18:16 PM PDT by wrrock
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To: wrrock
I wrote this elsewhere, I'm not a lawyer nor do I play on on TV. But let me suggest a possible "poison pill" to the leftist desire to pack the court.

"Precedent" or stare decisis underpins a great deal of the legal system. But what if we were to argue that a change in the number of justices would nullify SCOTUS precedent?

Justice Rehnquist explained that stare decisis is not an “inexorable command.” On occasion, the Court will decide not to apply the doctrine if a prior decision is deemed unworkable. In addition, significant societal changes may also prompt the Court to overrule precedent; however, any decision to overrule precedent is exercised cautiously.

I think a few, well-placed law review articles and public comments on the airways that say, basically, if ANYONE packs the court it effectively changes the opinion building process such that prior opinions are nullified.

So sure, Bidet gets a few noobs, but the tide goes in and out...And since a great deal of stupidity in govt rests on dumb leftist legal opinions (Obamacare, Kelo), not to mention the expansion of Leviathan on the basis of the Commerce Clause, with the addition of one justice, it is ALL turned to dust.

Get Col Schlichter to float the idea...maybe a few folks from Legal Insurrection to post about it...watch it gather a head of steam...

Sure, liberal hawcks will say "no" but all you need is for the idea to germinate, and for conservatives to suddenly EMBRACE court-packing because it will allow them to dump liberal activist law when they get in charge ...

...and then they'll turn away from the idea.

31 posted on 04/14/2021 5:34:14 PM PDT by DoodleBob (Gravity's waiting period is about 9.8 m/s^2)
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To: wrrock

This is the Venezuela model with a political Supreme Court approving every action by Dictator Maduro. This would be the end of any pretense of an independent judiciary.


32 posted on 04/14/2021 5:35:00 PM PDT by Truth29
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To: wrrock
(1) This isn't going anywhere, there'll be a tremendous backlash and SCOTUS itself will revolt. Even Breyer is against this.

(2) Doesn't matter if there's 100 SCOTUS justices. We all know why they're doing this: To void the 2nd Amendment. Again, this just shows their desperation because they can't pass gun control through Congress & Biden's EOs are toothless.

Our rights and freedoms are bestowed upon us by our Creator, not by black robes.

33 posted on 04/14/2021 5:35:03 PM PDT by Extremely Extreme Extremist (Free Republic: The Internet's 1st social media platform. Since 1996.)
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To: wrrock

Hank Johnson...wasn’t he the one that said some island would tip over if?


34 posted on 04/14/2021 5:36:24 PM PDT by TribalPrincess2U
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To: wrrock

Not a problem, otherwise I’d vote for RINOs (such as in Georgia) to prevent it. But I’m more interested in ‘teaching the GOP a lesson’, instead.


36 posted on 04/14/2021 5:37:29 PM PDT by BobL (TheDonald.win is now Patriots.win)
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To: wrrock

A Communist Purge Is Underway & Nothing Is Being Done About It!

37 posted on 04/14/2021 5:38:05 PM PDT by SuperLuminal (Where is another Samuel Adams now that we desperately need him?)
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To: wrrock
Republicans currently hold 6 seats, while Democrats hold just 3...

Bone-headed malarkey. Either a jurist is pro-Constitution or pro-activist. Period.
38 posted on 04/14/2021 5:38:41 PM PDT by Montana_Sam (Truth lives.)
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To: wrrock

But this is what John Roberts and his three new stooges wanted.


40 posted on 04/14/2021 5:39:45 PM PDT by libh8er
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To: wrrock

the stinking treasonous GOP let this happen.

the GOP has PRESIDENT Trump and stabbed him over and over
using the DO”J” and FIB and DNC and MSM,
and when THAT was not enuf they sold out to the CCP
and other countries.

the GOP was in the majority and is GUILTY.


41 posted on 04/14/2021 5:40:28 PM PDT by Diogenesis (Tuitio Fidei et Obsequium Pauperum)
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To: wrrock

The democrats have only ONE goal in mind for stacking the Supreme Court: Cancel the 2nd amendment.


42 posted on 04/14/2021 5:40:59 PM PDT by odawg
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To: wrrock

If this happens the Second Amendment will be on life support.


43 posted on 04/14/2021 5:41:02 PM PDT by Huskrrrr (Pronouns? I need no stinkin pronouns!)
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To: wrrock

So I’ve given this some thought and I’m fine with it. This government has to collapse before we can rebuild it.


44 posted on 04/14/2021 5:41:22 PM PDT by JonPreston (Q: Never have so many, been so wrong, so often)
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To: wrrock

ED MALARKEY heads it up and that’s all they do: malarkey, malarkey and with some nonsense thrown in. I don’t think Roberts is phased in the slightest. He’s got more people to bully.


47 posted on 04/14/2021 5:42:25 PM PDT by BEJ
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To: wrrock

Then GOP adds 7 more. Where does it stop?


52 posted on 04/14/2021 5:46:08 PM PDT by for-q-clinton
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To: wrrock

13 eh? Sounds unlucky to me. :)


53 posted on 04/14/2021 5:46:18 PM PDT by xp38
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To: wrrock

It’s awful, but then they’re Democrats.

If I were going to add seats I’d add 6, not 4.


56 posted on 04/14/2021 5:48:47 PM PDT by libertylover (Many people who want to destroy us have bumper stickers on their cars that say: "Coexist".)
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To: wrrock

Didn’t Roberts say that there are no Republican or Democrat justices in response to something Trump had said a few years ago?


58 posted on 04/14/2021 5:50:11 PM PDT by nfldgirl
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To: wrrock

They are holding the SC hostage. Must rule as libs or they’ll expand it. Watch.


59 posted on 04/14/2021 5:50:19 PM PDT by Basket_of_Deplorables (Convention Of States is our only hope now!)
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To: wrrock

Couldn’t see that one coming, could we?

This country is truly lost.


62 posted on 04/14/2021 5:51:42 PM PDT by metmom (...fixing our eyes on Jesus, the Author and Perfecter of our faith.)
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To: wrrock

Ham-fisted, wrecking ball, gestapo-like, tyrannical, abusive, un-American, vicious, vindictive, vengeful, overreaching, warlike, belligerent, thuggish... and so on.


65 posted on 04/14/2021 5:54:34 PM PDT by Migraine
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