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#Court Packing
odinsblog · 9 months
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When most people talk about expanding the Supreme Court, they're talking about adding a few Justices, two or four to the bench. But I am not most people. I do not think we should add a few Justices to get into an endless tit for tat with Mitch McConnell and his Federalist Society forces. I think we should blow the lid clear off this incrementally institutionalized motherfucker, and add 20 Justices.
I'd like to tell you about my Court expansion plan and explain why adding many Justices instead of fewer Justices is actually a better reform, fixes more underlying problems with the Court, and works out to be less partisan or political than some of the more incremental plans out there.
Let's start with the basics.
Expanding the number of Justices on the Supreme Court can be done with a simple act of Congress, passed by the Senate and signed by the President. Court expansion does not become easier or harder based on the number of Justices you seek to add to the Court. From a civics perspective, the process to add two Justices to the Court is just the same as the process to add 20.
Arguably, the rationale is the same too.
The current plan, supported by some Democrats, is to add four Justices to the Supreme Court. Their arguments are that the Court has gotten woefully out of step with the American people and the elected branches of government, which is true.
They argue that the country is a lot bigger now than it was in 1869, when Congress set the number of Supreme Court Justices at nine, which is also true. Basically, all of these arguments flow together into the catchphrase, “we have 13 Circuit Courts of Appeal, and so we should have 13 Justices.”
See, back in the day, each Supreme Court Justice was responsible for one lower Circuit Court of Appeal. Procedurally, appeals from the lower circuits are heard first by the Justice responsible for that circuit. But now we have 13 lower Circuit Courts of Appeal, meaning some Justices have to oversee more than one. If we expanded the Court to 13 Justices, we'd get back to a one to one ratio for Supreme Court Justice per Circuit Court of Appeal.
But it doesn't actually matter how many circuits each Justice presides over, because all the Justices do is move an appeal from the lower court to the Supreme Court for the full Court to consider whether to hear the appeal.
Their function is purely clerical.
It doesn't matter.
One justice could oversee all 13 circuits while the other eight went fishing, kind of like hazing a rookie on a team. And it wouldn't make a damn bit of difference in terms of the number of cases the Supreme Court hears. It's just a question of who has to work on Saturdays.
Indeed, I'm not even sure that I want the Court to hear more cases. These people are unelected, and these people already have too much power. More cases just gives them more opportunities to screw things up. I don't need the Court to make more decisions. I need the Court to make fewer shitty decisions. And for that, I need to reform how the Court makes those decisions. And for that, I need more people. And I need those people to make their decisions in panels.
Those lower courts, those 13 Circuit Courts of Appeal, almost all of them operate with more than nine judges. The 9th Circuit Court of Appeals has — wait for it — 29 judges!
All the lower courts use what's called a panel system. When they catch a case, three judges are chosen at random from all the judges on the circuit to hear the case. Those three judges then issue a ruling. If the majority of the circuit disagrees, they can vote to rehear the case as a full circuit.
The legal jargon here is called “en banc” when the full circuit hears the case.
But most of the time, that three judge panel ruling is the final ruling on the issue, with the circuit going en banc only when they believe the three judge panel got it clearly wrong.
Think about how different it would be if our Supreme Court operated on a panel system instead of showing up to Court knowing that six conservative Justices were against you, or the one or two conservative Justices that you invited onto your super yacht are guaranteed to hear your case.
You literally wouldn't know which Justices you'd get on your panel.
Even on a six-three conservative court, you might draw a panel that was two-to-one liberals, or you might draw Roberts, Kavanaugh, and Barrett instead of Thomas, Alito and Gorsuch, which could make a huge difference. Either way, you wouldn't know which Justices you'd get.
Not only does that make a big difference in terms of the appearance of fairness, especially in this time when some Justices are openly corrupt, it also makes a big difference in terms of what kinds of cases and arguments people would bring to the Court. Without knowing which Justices they'd get, litigants and red state attorney generals would have to tailor their arguments to a more center mass, mainstream temperament, instead of merely shooting their shot and hoping their arch conservatives can bully a moderate or two to vote with them.
Now, you can do panels with nine or 13 Justices, but you pretty much have to do panels with 29 Justices. Overloading the Court with Justices would essentially force them to adopt the random assignment process used by every other Court.
That would be good.
Sure, litigants could always hope for en banc review, where the full partisan makeup of the Court could be brought to bear. BUT, getting a majority of 29 Justices to overrule a panel decision requires 15 votes. Consider that right now you only need four votes, a minority of the nine member Court, to get the full Court to hear a case.
I'm no mathlete, but I'm pretty sure that 15 is just a higher bar.
That brings me to my next big point about expanding the Court to 29: Moderation.
Most people say that they do not want the Court to be too extreme to either side. Generally, I think that argument is bollocks. I, in fact, do want the Court to be extreme in its defense of voting rights, women's rights, and human rights. But maybe I'm weird.
If you want the Supreme Court to be a more moderate institution, then you should want as many Justices on the Supreme Court as possible. Why? Because cobbling together a 15-14 majority on a 29 member Court will often yield a more moderate decision than a five-four majority on a nine member Court.
Not going to lie. The law is complicated, and judges are quirky. If you invited five judges off the street over for a barbecue, they wouldn't be able to agree on whether hot dogs and hamburgers count as sandwiches.
It's simply easier to get five people to do something extreme than it is to get 15 people to do something extreme.
Think about your own life.
If you wanted to hike up a damn mountain, that is an activity for you and a couple of your closest friends. You're not taking 15 people to climb a mountain. That's not even a hike. That's an expedition, and you're expecting one or two of them to be eaten by bears on the way to the top. But if you're organizing an outdoor activity for 15 people, you're going to go to the park, and your friends will be expected to bring their own beer.
Most likely, adding 20 Justices would moderate the conservative majority just by putting enough people and personalities in the mix that it would be harder for them to do their most destructive work.
Just think about how the five worst senators you know, or the five worst congresspeople you can think of, often don't get their way because they can't even convince other members of their party to go along with their nihilist conservative ride.
Note, I said Conservative majority.
The astute reader will notice that I have not said that I want to add 20 fire-breathing liberal comrades who will stick it to Das Kapital for the rest of their lives. No, I believe the benefits of this kind of court expansion are so great — panels and the moderation from having more justices trying to cobble together en banc majority opinions — that I'd be willing to split the new justices ten and ten with conservative choices.
A 16-13 conservative leaning court would just be better than a six-three conservative court, even if my guys are still in the minority. The only litmus test I'd have for this plan is that all 20 have to be objectively pro-Democratic, self-government. All 20 have to think the Supreme Court has too much power. You give me 20 people who think the court should not be rulers in robes, and I'll take my chances.
However, there's no objective reason for elected Democrats to be as nice and friendly as I am when adding 20 Justices. Off the top, seats should be split eleven to nine, because Mitch McConnell and the Republicans must be made to pay for their shenanigans with the Merrick Garland nomination under Barack Obama. Republicans stole a seat. Democrats should take it back, full stop. I will take no further questions about this.
From there, this is where Democrats could, I don't know, engage in political hardball instead of being SAPS like always.
You see, right now, Republicans are dead set against court expansion because they are winning with the Court as it is. I can make all of the pro-reform, good government arguments under the sun, and the Republicans will ignore them because, again, they're winning right now.
But if you put forward a bill to add 20 seats, the Republican incentives possibly change: obstruct, and the Democrats push through court expansion on their own, and add 20 Justices of their own choosing, and you end up with people like, well, like me on the court. Or Mitch McConnell could release Senators to vote for the plan, and Republicans can share in the bounty.
It puts a different kind of question to McConnell: Join, get nine conservative Justices and keep a 15-14 conservative majority on the court, or Obstruct, and create a 23 to six liberal majority on the court, and trust that Republicans will take over the House, Senate, and White House so they can add 20 of their own Justices in the future.
Note that McConnell will have to run that whole table while overcoming a super liberal Supreme Court that restores the Voting Rights Act and strikes down Republican gerrymanders. Good luck, Mitch.
My plan wins either way.
Either we get a 29 person court that is more moderate, we get a 29 person court that is uber liberal, or McConnell does run the table and we end up with a 49 person court or a 69 person court. And while Republicans are in control of that bloated body, everybody understands that the Court is just a political branch there to rubber-stamp the acts of the President who appointed them.
Perhaps then, voters would start voting based on who they want to be in control of that court, instead of who they want to have a beer with.
The court is either fixed, or neutered.
It's a win-win.
I know 20 is a big number. I know we've all been institutionalized to believe that incremental change is the only change possible. And I know it sounds fanciful to ask for 20 when the starting offer from the establishment of the Democratic Party, the Republican Party, and President Joe Biden, is zero.
But like a doctor with poor bedside manner, I'm less interested in people's feelings and more interested in fixing the problem.
If you give me two Justices or four Justices, I can reverse a number of conservative policies that they've shoved through a Supreme Court that has already been illegitimately packed with Republican appointees. If you give me a few Justices, I can reestablish a center-left, pro-democracy majority… at least until those new Justices die at the wrong time, under the wrong president.
But if you give me 20 Justices, I can fix the whole fucking thing.
—ELIE MYSTAL, In Contempt of Court
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thisisnotapublicforum · 10 months
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it is once again time to pack the court
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nodynasty4us · 2 years
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melonsharks · 16 days
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rewatched a court of fey and flowers and god i LOVE this season. squeezed out a lineup to figure out how to draw the pack of pixies!
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davidblaska · 2 years
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The progressive project: repeal the Constitution
The progressive project: repeal the Constitution
and abolish the Supreme Court! The real danger to our democratic republic comes not so much from ragtag Proud Boys or tiki torchers as from the education and law schools of our more prestigious universities, where progressive government policy is incubated. It’s all there in an opinion piece that would be considered over the top for John Nichols and The Nation — except that it appears in the…
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jkanelis · 2 years
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Don't pack SCOTUS!
Don’t pack SCOTUS!
The infamous Roe v. Wade draft opinion that leaked out of the Supreme Court has prompted progressives to call for a SCOTUS “reform” that would add justices to the nine-justice panel. Let’s take a breath for a moment. I, too, am appalled at what the draft opinion suggests, that the landmark abortion legalization ruling is likely to be overturned in a formal court opinion to be issued in June or…
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pirateknight · 2 years
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Farewell, Pack of Pixies
A send off to one of the most fun, creative and satisfying campaigns I've ever had the pleasure of watching. The finale was everything I could have wanted and more and I'm glad this hopeful piece I've been working on all week fits in with how it ended.
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Kevin Day doesn’t have a legal middle name but something in my bones tells me Nicky had called him Kevin Elizabeth Day at least once
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What Americans want
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Tomorrow (Oct 19), I'm in Charleston, WV to give the 41st annual McCreight Lecture in the Humanities. And on Friday (Oct 20), I'm at Charleston's Taylor Books from 12h-14h.
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If you aspire to be a Very Serious Person (and whomst amongst us doesn't?) then you know why we can't have nice things. The American people won't stand for court packing, Congressional term limits, the abolition of the Electoral College, or campaign finance limits. Politics is the art of the possible, and these just aren't possible.
Friends, you've been lied to.
The latest Pew Research mega-report investigates Americans' attitudes towards politics, and honestly, the title says it all: "Americans’ Dismal Views of the Nation’s Politics":
https://www.pewresearch.org/politics/2023/09/19/americans-dismal-views-of-the-nations-politics/
The American people hate Congress. They hate the parties. They hate the president. They hate the 2024 presidential candidates. They loathe the Supreme Court. Approval for America's bedrock institutions are at historic lows. Disapprovals are at historic highs.
The report's subtitle speaks volumes: "65% say they always or often feel exhausted when thinking about politics." Who can blame them? After all: "63% express not too much or no confidence at all in the future of the U.S. political system."
"Just 4% of U.S. adults say the political system is working extremely or very well": that is to say, there are more Americans who think Elvis is alive than who think US politics are working well.
There are differences, of course. Young people have less hope than older people. Republicans are more reactionary than Democrats. Racialized people trust institutions less than white people.
But there are also broad, bipartisan, cross-demographic, intergenerational agreements, and these may surprise you:
Take Congressional term-limits. 87% of US adults support these. Only 12% oppose them.
Everyone knows American gerontocracy is a problem. I mean, for one thing, it's destabilizing. There's a significant chance that neither of the presumptive US presidential candidates will be alive on inauguration day:
https://pluralistic.net/2023/07/01/designated-survivors/
But beyond the inexorable logic of actuarial science, there's the problem that our Congress of septuagenarians have served for decades, and are palpably out-of-touch with their constituents' lives. And those constituents know it, which is why 79% of Americans favor age limits for elected officials and Supreme Court justices:
https://www.pewresearch.org/politics/2023/09/19/how-americans-view-proposals-to-change-the-political-system/
Not all of this bipartisan agreement is positive. 76% of Americans have been duped into favoring a voter ID requirement to solve the nonexistent problem of voter fraud by imposing a racialized, wealth-based poll-tax. But even here, there's a silver lining: 62% of American support automatically registering every eligible voter.
Threats to pack the Supreme Court have a long and honorable tradition in this country. It's how Lincoln got his antislavery agenda, and how FDR got the New Deal:
https://pluralistic.net/2023/03/25/consequentialism/#dotards-in-robes
The majority of Americans don't want to pack the court…yet. The race is currently neck-and-neck – 51% opposed, 46% in favor, and with approval for the Supreme Court at lows not seen since the 2400 baud era, court-packing is an idea with serious momentum:
https://www.pewresearch.org/short-reads/2023/07/21/favorable-views-of-supreme-court-fall-to-historic-low/
66% of Democrats want the court packed. 58% of under 30s – of every affiliation – favor the proposal.
And two thirds (65%) of Americans want to abolish the Electoral College and award the presidency to the candidate with the most votes. That includes nearly half (47%) of Republicans, and two thirds of independents.
Americans believe – correctly – that their elected representatives are more beholden to monied interests than to a sense of duty towards their constituents. Or, as a pair of political scientists put it in their widely cited 2014 paper:
Economic elites and organized groups representing business interests have substantial independent impacts on U.S. government policy, while average citizens and mass-based interest groups have little or no independent influence.
https://www.cambridge.org/core/journals/perspectives-on-politics/article/testing-theories-of-american-politics-elites-interest-groups-and-average-citizens/62327F513959D0A304D4893B382B992B
So yeah, no surprise that 70% of Americans believe that voters have too little influence over their elected lawmakers. 83% of Republicans say big campaign donors call the shots. 80% of Democrats agree.
Which is why 72% of Americans want to limit political spending (76% for Democrats, 71% for Republicans). The majority of Americans – 58% – believe that it is possible to get money out of politics with well-crafted laws.
Americans truly do have a "dismal view of the nation's politics," and who can blame them? But if you "feel exhausted thinking about the nation's politics," consider this – the majority of Americans, including Republicans, want to:
abolish the electoral college;
impose campaign spending limits;
put term limits on elected officials and Supreme Court justices;
put age limits on elected officials and Supreme Court justices; and
automatically register every eligible American to vote.
What's more, packing the Supreme Court is a coin-toss, and it's growing more popular day by day.
Which is all to say, yes, things are really screwed up, but everyone knows it and everyone agrees on the commonsense measures that would fix it.
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If you'd like an essay-formatted version of this post to read or share, here's a link to it on pluralistic.net, my surveillance-free, ad-free, tracker-free blog:
https://pluralistic.net/2023/10/18/the-people-no/#tell-ya-what-i-want-what-i-really-really-want
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My next novel is The Lost Cause, a hopeful novel of the climate emergency. Amazon won't sell the audiobook, so I made my own and I'm pre-selling it on Kickstarter!
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moonssalad · 8 months
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Am I the only one who is disgusted by seeing how many people actually seriously excuse Rhysands fucked up actions?
I have seen so, SO many people talking about how he hid the truth about Feyres pregnancy from her and always excuse it by saying how he didnt want to stress her out 💀. Or that he was looking for a way to save them before he told her, like he shouldve told her right away. And how he told the IC about it before he even told Feyre and told them to keep their mouths shut too and even worse is that they fucking listened to him, like what the fuck?? And how always in discussions about only Rhysand keeping it from Feyre people always start talking about how Madja didnt tell her either, like dude this is a conversation about what an asshole Rhysand is and not about Madja, keep to the topic! And how people hate on Nesta for telling her, like fucking hell. Ive even seen people say that Rhysand not telling her is AS BAD as Nesta telling her to hurt her or whatever. Its just insane, I think I lose braincells every single time I see posts like those 🤯. Feyre literally says throughout the books multiple times how she hates when people choose for her or dont tell her something because they think it would be too much for her and Rhysand literally keeps one of the most important things from Feyre.
Also what the hell was that bullshit about Amren saying how Rhysand should be High King? Hes literally one of the worst options for it. Bro cant even handle 2/3 of his court 💀. And lets so many people suffer in Illyria and Hewn City even though he has had CENTURIES to change something. Honestly none of the IC even try to change something about the Hewn City, like are you seriously telling me that Mor was the only person who was good in that shithole? Whats even more insane is how Mor doesnt change anything about it when she had LIVED THERE for years and now has the power to do it! And Illyria, Cassian seems to be the only one who is actually trying to make it better even though its not really working. Why the hell cant healers heal wings but can heal someone whos guts are basically spilling out?? Hell why the hell doesnt anyone know about c-section? Just insane. What the hell does Rhysand even do for his court? Just sits on his ass and thinks only about Velaris? Because it seems like that.
And am I the only one who was mad how Rhysand chose to show off Feyre as if she was his plaything in the Hewn City. Like yeah yeah keeping up appearances or whatever but how the hell will they see Feyre seriously after that? I think Feyre was in the Hewn City two times and the second was when she was High Lady and Rhysand got her to sit on the throne after the first time he showed her off as his toy. You cannot convince me that the Hewn City residents take Feyre seriously and its all Rhysands fault.
Talking about keeping appearances, the whole 'mask' thing is so stupid. When someone doubts the IC intentions they have the fucking audacity to be mad about it as if they arent the ones who made sure eveyone thought they were all incredibly evil.
I dont even want to start talking about UTM and how fucked up it was.
People always say that he does things like these because he is 'morally grey' but to me hes just a toxic asshole. You dont write a 'morally grey' character and then excuse every fucked up thing he has done, its just not how it works.
Rhysand is literally the worst MMC ever and its insane how so many people say how wonderful he is, how he is the man of their dreams 💀, fucking worried about yall if you seriously think that.
Feyre should take Nesta, Elain and Nyx and get the fuck out of there because they all deserve so much better than this.
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shitpostingkats · 2 years
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Thinking about Squak saying
“Binx is right, we’re among family.”
Like?????? The four people (besides his dear cousin) sprawled out in his living room, making a mess of eating all his boysenberry jam, one of them leaking blood on the chaise lounge, are:
 - A neurotic mess of the blooms’ most eligible bachelor, who delivered a letter of pickup lines and lewd jokes, asked for a glass of apple juice and ended up taking home the whole jug, presumably still dripping wet from sea spray after scaling an entire cliff.
- The party cryptid, who appeared out of nowhere, announced to the entire court that she just used the bathroom, did the Cha Cha Slide, then when she attempted to talk to him and his cousin, panicked and literally disappeared in a puff of smoke to avoid the conversation.
- The party host, who they attempted to power play (failed), accidentally insulted, and who has been giving him and his cousin the silent treatment ever since they bungled themselves into hosting a unfortunately-not-to-the-death duel between their best friend and their crush. While drunk.
- And the said lowborn bugbear crush, who Squak invited to play croquet with, received a threatening letter from, and is currently attempting to provide screenwriting advice while chivalrously bleeding out.
Squak looking around the sitting room of people he’s had like two (2) conversations with each and going “Wow, what a great family :)” He’s such a loser. I love him.
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tinylilemrys · 2 years
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you know i had to do the pack of pixies as live from snack time posts
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the insane reveal of squak being airry pearry, chirp using arcane eye, and everyone yelling to just do it culminating in a nat goddamn 20 is perfect for the first time the group is actually working together
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fluffyquill · 1 year
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Art idea from @fuzzybeesknees
I’ve been reading all the lovely comments folks have left on my art - thank you for the kind words!! Having the drive to draw again has been amazing.
[Description: KP Hob wearing a loose fitting pirate shirt with a ruffled, laced collar surrounded by the other members of the Pack of Pixies. “DAMN I’m good! Nothing beats a ruffled, silk pirate shirt! Classic.” Binx looks very proud of herself. Rue swoons, and Andhera (with cloud of worry) runs to help. The cousins hoot and holler.]
BONUS: “Where Binx may have acquired an authentic silk pirate shirt.”
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[Description: a post-it note doodle of Garthy O’Brien from “Pirates of Leviathan” with a folded shirt in his arms. Off screen, Jack Brakkow calls: “Garthy my love, I think someone stole my shirt again.” “Not to worry darling! I’ll buy you a new one!” Binx’s hand pops up from a magic portal, “Hurry up!”]
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madamevandeleur · 5 months
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Me when books and animal associations
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boobgoogler · 2 months
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that one audio drama where klavier and apollo sing guilty love is CRAZYYYYYY omfg
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