Appointing more Supreme Court Justices?

[JeremyWestenn]

Personally the fact that the Supreme Court has so many conservatives in it unsettles me. Especially since probably within the next 20 years were going to have a federal marriage equality case that will no doubt lead straight to the top and I believe some of our own liberal justices up there may not even back us on it. I know that we have had up to 13 Supreme Court Justices on the bench at one time. The President appoints Justices, confirmed by the Senate, when one passes away. But the legislature itself can, without the President, appoint a justice of it's own. What are the guidelines for that? And do you think any side could do it in todays America without totally pissing off a massive portion of our country? Personally I'd love to get some moderates up there...

Your two cents?

[kentuck]

1. I think if one political Party tries to stack the Court in their favor...

it would make sense to expand it to 11 or even 13 justices. Make it difficult to stack one way or the other.

[sabbat hunter]

2. the president

with the advise and consent of the senate nominates candidates to the supreme court (and all federal courts for that matter)\

under section 2 clause 2

Appointments

The President may also appoint judges, ambassadors, consuls, ministers and other officers with the advice and consent of the Senate. By law, however, Congress may allow the President, heads of executive departments, or the courts to appoint inferior officials.


also we have never had 13 supreme court justices at one time

from wikipedia



The United States Constitution does not specify the size of the Supreme Court; instead, Congress has the power to fix the number of Justices. Originally, the total number of Justices was set at six by the Judiciary Act of 1789. As the country grew geographically, the number of Justices steadily increased to correspond with the growing number of judicial circuits. The court was expanded to seven members in 1807, nine in 1837 and ten in 1863. In 1866, however, Congress wished to deny President Andrew Johnson any Supreme Court appointments, and therefore passed the Judicial Circuits Act, which provided that the next three Justices to retire would not be replaced; thus, the size of the Court would eventually reach seven by attrition. Consequently, one seat was removed in 1866 and a second in 1867. The Circuit Judges Act of 1869 again set the number of judges at nine (the Chief Justice and eight Associate Justices), where it has remained ever since.



FDR tried to have it expanded to 15 but failed.

[BushOut06]

3. Who cares if we piss off a large portion of the country

They obviously didn't care who they pissed off with their recent nominations. I wasn't aware that Congress could appoint a Supreme Court justice on its own, I'd be interested in learning more about that.

[JeremyWestenn]

4. Goodness,

Wish I knew what to turn to figure this out..

[sabbat hunter]

5. they cannot

the OP is incorrect. it is a power reserved for the executive branch. see section 2 clause 2 of the constitution.



congress can create lower courts, but the president would be the one to appoint judges to those courts.

[JeremyWestenn]

6. So then how is we had so many justices at certain points in time?

Why wouldn't the President just nominate his people into there when it's still considered to be somewhat half and half? I'm very confused now. :(

[TheWraith]

8. The Congress controls the number of justices.

But it's never been more than ten, and it's been fixed at 9 for almost 140 years.

[sabbat hunter]

10. supreme court size

is set by law. currently it is set at 9.
in order for the size of the supreme court to change congress would have to vote to expand the court size. at that time the president would nominate additional justices.

[TheWraith]

7. That's not quite true.

For starters, the Congress absolutely cannot appoint a justice on its own. That's the sole power of the president. The legislature can select the size of the court, but the largest it has ever been is ten members, and it's been set at nine for the last 137 years. So it's grossly unlikely that the size of the court is going to change.

[Totallybushed]

9. 13 justices at one time??

When was this?

The Congress has absolutely no power to appoint justices. Whose Constitution are you reading, anyway?

[Infinite Hope]

11. Looks like the highest was 10.

The Constitution does not set the number of justices.

Further, Congress determines the number of justices.

The number originally was 6 (Judiciary Act of 1789).

In 1863, the number increased to 10.

[yellowdogmi]

12. How about if we start with impeaching the ones

involved with *'s original selection. That would create some vacancies we can fill with our people.