Describe How the Supreme Court Uses Judicial Review Using Specific Examples
When Justice Ruth Bader Ginsburg passed away on September xviii, 2020, many Americans didn't take the proper time to grieve — instead, they panicked about what her passing meant for the future of the country. Property the balance of an unabridged democracy is too not bad a burden for anyone's shoulders, and Justice Ginsburg had been carrying that weight for a long, long time. Instead of holding space for her passing, Republican politicians wasted no time in queuing upwards a nominee for the empty Supreme Court seat, eventually landing on Amy Coney Barrett — a longtime Notre Dame Law School professor who served fewer than 3 years on the Seventh Circuit before her nomination to the highest court in the American judicial system.
In 2016, then-Senate Majority Leader Mitch McConnell infamously vowed to block President Obama's outgoing Supreme Court nomination of Merrick Garland on the grounds that the American people should accept a "voice" and that to blitz a nomination (and confirmation) would be to overly politicize the issue. In 2020, notwithstanding, McConnell didn't concord to those principles he outlined four years earlier, leading to Barrett'due south confirmation hearings and equally rushed swearing in anniversary, which took place about a week before Ballot Mean solar day on October 26, 2020.
This motility led many to criticize McConnell, including New York Representative Alexandria Ocasio-Cortez (@AOC), who simply tweeted, "Expand the court." Additionally, Massachusetts Senator Ed Markey (@EdMarkey), who is Ocasio-Cortez's Green New Deal co-author, tweeted, "Mitch McConnell set the precedent. No Supreme Court vacancies filled in an election yr. If he violates it, when Democrats control the Senate in the next Congress, we must abolish the filibuster and expand the Supreme Court."
The Number of Supreme Court Seats Has Been Adjusted Before — Here's How It'southward Washed
This call for a SCOTUS expansion has led many to wonder: Is such a movement fifty-fifty possible? The short reply: yes. Congress could hands change the number of seats on the Supreme Court bench. Co-ordinate to the Supreme Court's website, "The Constitution places the ability to determine the number of Justices in the hands of Congress" — merely another example of those supposed checks and balances that guide a constitutional regime. In fact, the number of Justices has shifted several times throughout the Court'due south history. In 1789, the first Judiciary Act set the number of Justices at half-dozen; during the Civil War, the number of seats went upward to nine and and then briefly 10; and, once President Andrew Johnson took office, Congress passed the Judicial Circuits Act in 1866, cutting the number of Justices to seven then that Johnson couldn't stack the court in favor of Southern states.
Since 1869, however, the Supreme Court has been composed of ix Justices. In semi-recent history, there's been i notable attempt to expand the Court — one that will live in infamy, so to speak. Back in 1937, President Franklin Delano Roosevelt aimed to expand the Court, which kept shooting downwards some of his New Bargain legislation. More than specifically, FDR felt that many of the older Justices were out of touch on with the times, so much and then that they were colloquially dubbed the "nine old men."
FDR's proposal? Add i Justice to the Supreme Court for every 70-year-sometime Justice residing on the bench. That would've resulted in 15 Supreme Court Justices, simply even the Democrat-controlled Congress — and FDR's own Vice President — were confronting the thought. Since FDR'due south infamous defeat, no effort to aggrandize or reduce the Supreme Court has gathered much steam — until now.
How Likely Is Information technology That Democrats Will Expand the Supreme Courtroom in 2021?
Interestingly enough, Politico points out that President Biden has been outspoken about not expanding the court. In 2019, President Biden even went as far equally saying "we'll live to rue that day [we aggrandize the Courtroom]," arguing that an expansion would lead to constant changes — more expansions, more reductions. In short, it would milkshake the American people'southward religion in the legitimacy of the Supreme Court (and potentially the Democratic political party). Of course, that's merely i scenario — and one that hasn't happened in the by. Just, in the past, Vice President Kamala Harris has shown some support for the idea, saying she'd be "open" to it. However, both Vice President Harris and President Biden have also dodged questions surrounding courtroom-packing and Supreme Court expansion.
On the other manus, more outspoken proponents take tried to gather momentum for the idea. Representative Ocasio-Cortez expanded upon her initial "Aggrandize the Court" tweet, calling out Republicans' hypocrisy toward appointing new Justices during presidential ballot years. "Republicans do this because they don't believe Dems take the stones to play hardball like they exercise. And for a long fourth dimension they've been correct," Ocasio-Cortez tweeted. "Merely exercise not let them corking the public into thinking their bulldozing is normal but a response isn't. There is a legal process for expansion."
In the face of a vi–3 Conservative majority, folks similar Representative Ocasio-Cortez fence that the Supreme Courtroom is out of remainder — and, more than that, it isn't quite reflective of the American people's concerns and values. So much lies in the hands of the court: the fate of the Affordable Care Deed, Roe five. Wade and marriage equality, just to name a few. Now, we'll just have to see if this imbalance — and Barrett'due south speedy appointment — are enough to convince President Biden and members of Congress to seriously consider a Supreme Courtroom expansion.
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Source: https://www.ask.com/culture/ask-answers-expand-supreme-court?utm_content=params%3Ao%3D740004%26ad%3DdirN%26qo%3DserpIndex
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