• Viking_Hippie@lemmy.world
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    7 months ago

    It was literally in his power to expand the court and appoint uncorrupt judges before Dobbs happened.

    There had been almost 30 years of warnings that right wing activist judges wanted to overturn Roe and several years of people suggesting ways within the power of him and the Congressional majority he leads to prevent it.

    • Ensign_Crab@lemmy.world
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      7 months ago

      It was literally in his power to expand the court and appoint uncorrupt judges before Dobbs happened.

      It was not.

      Congress would first have to remove the cap set by the Judicial Act of 1969.

      That was in congressional Democrats’ hands. But in order to pass the Senate, we would have needed 60 Democrats, all of whom would need to actually vote with their party. Or we would need to have a simple majority, at least 50 of whom would be willing to get rid of the filibuster forever. We had the majority. Just enough Democrats preferred the return of coat hanger abortions to relegating a procedural relic of Jim Crow to the shitpile of history where it has always belonged.

      • Viking_Hippie@lemmy.world
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        7 months ago

        the cap set by the Judicial Act of 1969.

        That cap was one supreme court judge per circuit court. As there are 13 circuits now, it’s precedent FOR expanding the court, not against.

        in order to pass the Senate, we would have needed 60 Democrats

        Ah, the eternal “we can’t do the obviously right thing because of the filibuster” Dem leadership excuse. Turns out that, like most of their other excuses, that’s complete hogwash

        Or we would need to have a simple majority, at least 50 of whom would be willing to get rid of the filibuster forever.

        Again, not true. That’s just another “we are powerless to change anything because the system won’t let us” copout from the party eternally protecting the status quo that is so lucrative for them.

        To quote the article linked above:

        Like Dorothy in Oz, they’ve always had the power to get home. Unlike Dorothy, they’ve always known. They’ve just chosen not to use it.

        • Ensign_Crab@lemmy.world
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          7 months ago

          Again, not true. That’s just another “we are powerless to change anything because the system won’t let us” copout from the party eternally protecting the status quo that is so lucrative for them.

          Yes, this is exactly what I’m saying. Democrats could have ended the filibuster with a simple majority, but they didn’t want to. They preferred allowing Republicans to win on abortion to getting rid of their procedural excuse for inaction.

          • Viking_Hippie@lemmy.world
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            7 months ago

            And I’m saying that they didn’t even have to do THAT, they could just suspend it temporarily any time they want. They don’t need 50 votes to permanently dismantle it when they can already do it at will on a case by case basis.

            • Ensign_Crab@lemmy.world
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              7 months ago

              And I’m saying that they didn’t even have to do THAT, they could just suspend it temporarily any time they want.

              My reading of the law differs from yours on this, but I believe we agree more broadly that Democrats desperately need to stop making excuses and get out of their own way.

      • Viking_Hippie@lemmy.world
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        7 months ago

        Yeah, all that link gives me is an obvious lie. Not the best sign as to the truthfulness of the actual article…

          • Viking_Hippie@lemmy.world
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            7 months ago

            Nope, this is the choice of the site and has nothing to do with the content of the article.

            It’s them choosing that they’d rather ban the entire EU than follow common sense pro-consumer cookie regulations.

            Most of the EU is actually to the LEFT of Biden, let alone a literal fascist like Trump.

        • leadore@kbin.social
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          7 months ago

          I see. So you live in Europe and your goal is not to learn how the US Constitution stipulates that Congress, not POTUS, determines the number of justices, but to spread misinformation in the US, presumably with the goal of creating political division.

          From https://www.supremecourt.gov/about/faq_general.aspx

          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. Over the years Congress has passed various acts to change this number, fluctuating from a low of five to a high of ten. The Judiciary Act of 1869 fixed the number of Justices at nine and no subsequent change to the number of Justices has occurred.

          Some history: https://www.history.com/news/supreme-court-justices-number-constitution

          • Viking_Hippie@lemmy.world
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            7 months ago

            So you live in Europe and your goal is (…) to spread misinformation in the US, presumably with the goal of creating political division

            Absolutely not. Cool it with the bigoted snap judgments, please.

            Congress, not POTUS, determines the number of justices

            So when there’s something necessary that he refuses to do, you’re going to pretend that his urging does nothing, making him powerless to influence Congress?

            I bet you don’t give him credit for any of his signature bills that Congress passed either, right? Right??

              • Viking_Hippie@lemmy.world
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                7 months ago

                Nope. That doesn’t mean that I’m some shady operative spreading misinformation to destabilize American democracy like you’re insinuating, though.

                That’s just you trying to use bigotry to prop up your bad arguments.

                • leadore@kbin.social
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                  7 months ago

                  What “arguments”? This isn’t a debate. I’m not trying to convince anyone of a political view like you are. I’m debunking your misinformation with the fact that only the Congress can change the number of Supreme Court justices, through legislation, including links to sources–but anyone can simply read Article 3 Section 1 of the Constitution and the history of how Congress set up the courts to understand that this is the case.

                  The fact that you keep insisting falsely that Biden could have done it himself shows that you have a political agenda. The fact that you aren’t from the US and keep repeating a false, divisive talking point in spite of it being disproven shows that you have a political agenda. We aren’t falling for it. Go back to twitter and FB where you’ll find more gullible marks to buy your propaganda.