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Pretty Fly

(66 posts)
16. No. But I doubt they'd have the votes to a) eliminate the filibuster and b) support expanding the court.
Wed Apr 24, 2024, 09:48 PM
Apr 24

...and this is because their majority is almost certainly going to be 50+the VP beyond a crazy situation where they flip a seat like Scott's in Florida or Cruz's in Texas (unlikely tbh).

That means EVERY Democratic senator would have to support it and I don't know if they could garner 50 votes from, say, Jon Tester, who said in 2022 he opposed expanding the court.

Maybe they could - but I wouldn't count on it.

0rganism

(23,970 posts)
17. weren't senate rules modified in 2017 to allow simple majorities for SCOTUS (and other) confirmations?
Wed Apr 24, 2024, 09:54 PM
Apr 24

I seem to recall that was a thing that happened. Some, but not all, current justices got their jobs due to this modification, IIRC.

ETA: OK, looks like you're focusing on the votes needed to expand the court, not replacements. Yeah that's gonna need 60.



Elessar Zappa

(14,061 posts)
6. We'd need to get rid of the filibuster.
Wed Apr 24, 2024, 04:07 PM
Apr 24

So we’d need 51Senators with every one on board with getting rid of it.

Zeitghost

(3,869 posts)
9. No filibusters for SCotUS nominees
Wed Apr 24, 2024, 04:12 PM
Apr 24

Democrats ended it for non-SCotUS nominees in 2013 and the Republicans got rid of it for SCotUS nominations in 2016.

Zeitghost

(3,869 posts)
7. Short of a death, I don't see it happening
Wed Apr 24, 2024, 04:08 PM
Apr 24

There is some pressure on Sotomayor who will be 70 soon, but I don't see that happening. Kagan is only 63 and Brown Jackson is 53 and just got there.

None of the conservatives will step down voluntarily under a Biden administration.

DetroitLegalBeagle

(1,926 posts)
13. The number of Justices is set by law
Wed Apr 24, 2024, 04:34 PM
Apr 24

So the law could be changed to increase the number. But we would need control of the House, Senate, and White House. And 60 votes in the Senate to overcome the inevitable filibuster. But as someone has pointed out, the appetite to change the number of Justices or to remove the legislative filibuster isn't there.

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