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Regardless of what Trump and Mitch do, the Democrats will (1) Eliminate the Filibuster, (2) Grant Statehood to D.C. and maybe P.R., (3) Expand the Lower Courts, and (4) Expand the Supreme Court [Updated]
The Volokh Conspiracy (at Reason) ^ | 9/19/2020 | Josh Blackman

Posted on 09/21/2020 7:49:04 AM PDT by RightGeek

For some time, there has been a poorly-kept secret in Washington: as soon as the Democrats take power, they will make four power moves. To date, most prudent Democrats have refused to discuss these four moves aloud. But now with Justice Ginsburg's death, the cat is out of the bag. Jeffrey Toobin lays out the roadmap in the New Yorker:

...

The first is the abolition of the filibuster, which should have happened decades ago. Even in the minority, McConnell will do everything he can to thwart Biden, and the filibuster will be the tool. This antidemocratic relic should be retired once and for all.

Second, statehood for the District of Columbia and Puerto Rico, with two senators apiece, would be another appropriate rejoinder.

Third, Congress should pass a law expanding the number of lower-court federal judges; that number has not increased since Jimmy Carter was President.

Finally, the greatest and most appropriate form of retribution involves the Supreme Court itself. The number of Justices is not fixed in the Constitution but, rather, established by statute.

If Republicans succeed in stealing two seats—the Scalia and Ginsburg vacancies—the Democrats could simply pass a law that creates two or three more seats on the Supreme Court. To do so would be to play hardball in a way that is foreign to the current Senate Democrats. But maybe, in light of all that's happened, that's a game they should learn to play.

I disagree with only one of Toobin's predictions. He writes that the these outcomes are "possibilities" "if Trump fills the Ginsburg seat." Argle bargle. These steps will happen no matter what Trump and Mitch do.

(Excerpt) Read more at reason.com ...


TOPICS: Crime/Corruption; News/Current Events; Politics/Elections
KEYWORDS: bloggers
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1 posted on 09/21/2020 7:49:04 AM PDT by RightGeek
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To: RightGeek

You’re forgetting “comprehensive retirement reform”, where the central government confiscates your 401k like they hijacked your health insurance.


2 posted on 09/21/2020 7:51:24 AM PDT by JohnBrowdie
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To: RightGeek

If Trump wins, they will not be able to pack the Court. The size was fixed in The Judicial Act of 1869, and will require a law passed and signed to change the size.


3 posted on 09/21/2020 7:53:18 AM PDT by ShadowAce (Linux - The Ultimate Windows Service Pack)
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To: RightGeek

Not to worry. Our riots will make theirs look like a Biden speech.


4 posted on 09/21/2020 7:53:50 AM PDT by Da Coyote
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To: RightGeek

All of these things they threaten are predicated on them winning the Senate and Presidency this year.

In other words, democrat day dreams. With Trump getting four more years and the GOP holding the senate - The republicans should use these threats as a playbook.


5 posted on 09/21/2020 8:00:24 AM PDT by Outlaw76 (Free Men don't ask permission.)
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To: RightGeek
And this is why it's a generational battle with particular importance to "education."

A republic...if you can keep it.

6 posted on 09/21/2020 8:03:18 AM PDT by rxsid (HOW CAN A NATURAL BORN CITIZEN'S STATUS BE "GOVERNED" BY GREAT BRITAIN? - Leo Donofrio (2009))
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To: ShadowAce

I wonder what would happen if the Supreme Court itself moved to protect itself and declared an expansion of the Supreme Court, especially one as blatantly political as this, is unconstitutional. That would be a sh**show, now wouldn’t it?


7 posted on 09/21/2020 8:03:50 AM PDT by VOR78
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To: ShadowAce

If Biden wins, but the GOP retains the Senate, then they won’t be able to expand the size of the Supreme Court.

If Democrats control the White House, Senate, and House, then all of this becomes possible. We have to see what happens in these elections.


8 posted on 09/21/2020 8:04:04 AM PDT by Dilbert San Diego
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To: RightGeek

We need to be nice or else the Democrats will go hardcore.
Well, we know they plan to go hardcore.
So why should we make any effort to hold back?


9 posted on 09/21/2020 8:04:55 AM PDT by ClearCase_guy (If White Privilege is real, why did Elizabeth Warren lie about being an Indian?)
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To: RightGeek

More proof the Ds hate this Republic and the constitution.


10 posted on 09/21/2020 8:05:41 AM PDT by Tadhg
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To: VOR78

I don’t think what you mention is possible.

The Supreme Court would have to somehow rule that a new law expanding the size of the Supreme Court was unconstitutional. I don’t see how that could ever happen.


11 posted on 09/21/2020 8:05:49 AM PDT by Dilbert San Diego
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To: ShadowAce

If Trump wins and/or the GOP hold the Senate.

But if the White House and Senate go Democrat, expect these actions to happen....and far worse things.


12 posted on 09/21/2020 8:07:43 AM PDT by Erik Latranyi (The Democratic Party is communism)
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To: RightGeek

The dems are bound and determined to turn our Constitutional Republic into a Banana Republic with themselves permanently in control of the banana plantation.


13 posted on 09/21/2020 8:07:55 AM PDT by ocrp1982 (RGB)
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To: VOR78

The Supreme Court can set its own rules for en banc review of cases. Therefore, they could have an en banc review by nine judges based on SCOTUS seniority if they wanted. There are no controls on the administration of the SCOTUS.


14 posted on 09/21/2020 8:09:09 AM PDT by anton
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To: Dilbert San Diego

There’s no legal basis for it, but that doesn’t stop the Dems from taking garbage to court and winning.


15 posted on 09/21/2020 8:09:16 AM PDT by VOR78
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To: RightGeek

1. Expand the Supremes to 16 and pack with leftist thugs.

2. Legalize the vote for 20 million illegals.

Permanent majority and full control of the courts

Barring a civil war - short path to a Stalinist dictatorship as seen in Venezuala.

The radical left will have limitless power.

The Constitution will be essentially discarded.

Conservative speech, homeschooling, guns will be criminalized.

401ks will be confiscated.

etc.


16 posted on 09/21/2020 8:10:02 AM PDT by stinkerpot65 (Global warming is a Marxist lie.)
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To: RightGeek

This is why everyone must vote for every Republican they can, even the RINOS, because even the RINOS would never allow this to happen.


17 posted on 09/21/2020 8:10:18 AM PDT by dfwgator (Endut! Hoch Hech!)
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To: RightGeek

Yup, yup, yup and yup.

Once they are in a position to do so their mission will be to fix things so that they never lose another election again.


18 posted on 09/21/2020 8:10:21 AM PDT by Buckeye McFrog (Patrick Henry would have been an anti-vaxxer.)
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To: RightGeek

It’s all a Democrat pipe dream as Trump will win, the GOP will win the House and expand the majority in the Senate.


19 posted on 09/21/2020 8:11:50 AM PDT by Meatspace
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To: VOR78

> if the Supreme Court itself moved to protect itself and declared an expansion of the Supreme Court, especially one as blatantly political as this, is unconstitutional <

If that happened, the Supreme Court would be wrong. The Founders left it up to Congress to set the number of Supreme Court seats (a bad move, IMO). And there is no provision to prevent Congress from doing it for political reasons.


20 posted on 09/21/2020 8:13:24 AM PDT by Leaning Right (I have already previewed or do not wish to preview this composition.)
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