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this post was submitted on 22 Jul 2023
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politics
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I think the republicans would accept Supreme Court reform because they would count on the Supreme Court justices to declare the reforms unconstitutional citing separation of powers. I just don't see any option besides packing the court.
If an amendment is passed, that settles the matter permanently. You can't call something unconstitutional if it's in the plain text.
Conservative states would never sign on to an amendment on their own, that's why you couple it with packing the court. Not passing the amendment means any new justices get the same lifetime appointments the current ones enjoy.
Republicans like getting their way by manufacturing deadlines like the dumb debt ceiling thing. Maybe Democrats should give them a taste of their own medicine.
It should put the question to bed, but there are plenty of examples where something in the Constitution needs to be interpreted for intent, by the SCOTUS.
An amendment would require ratification from 3/4 of the state legislatures, an amendment is not going to pass. The US Constitution explicitly gives the Congress the power to "organize the court" in Article 3, it is incontovertable that the Congress has the power to add Justices and impose ethical requirements on the judiciary. Congress has added Justices before and currently imposes ethical requirements on the lower courts.