in the vicinityVideoSon Antonin Scalia responded to some of the 2020 Democrats ” push to add more judges to the SCOTUS bench
Christopher Scalia, the son of the late Supreme Court Justice Antonin Scalia, told Fox News on Wednesday that the idea of increasing the number of judges on the high court “perhaps an argument value is seriously,” but added that some of the proposals in the Democratic candidates were “just unconstitutional.”
Scalia took particular issue with an idea, put forward by South Bend, Ind., Mayor Pete Buttigieg, in which the Supreme court of 15 members, five of which would be to “just sit by a unanimous decision of the other 10”, as Buttigieg told “Fox News Sunday.”
“The problem with that,” Scalia said, “your world with Neil Cavuto” Wednesday,”,, obviously, section 2, article II of the Constitution makes it very clear that the President has the power to appoint the power and the authority to appoint with the advice and consent of the Senate, judges of the Supreme court. So, I mean, I don’t know what … these candidates are in the conversation, but you certainly have not, may the judge appoint your colleagues. So that the [constitutional] amendment, would, I believe, simply has not ratified a snowball’s chance anywhere.”
Buttigieg is not the only candidate of the Democrats, has raised the prospect of a Revision of the Supreme court, should they win the White house. Other 2020-have contenders, including Sens. Cory Booker, Elizabeth Warren, Kamala Harris and Kirsten Gillibrand, mused about adding seats to the court, or, in Booker’s case, the implementation of the concept of boundaries of what is traditionally a life-long vocation.
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Scalia said, the proposals echo of Franklin D. Roosevelt’s “court-packing” scheme from the 1930s, the abandoned, the 32nd President someday.
In spite of that, Scalia argues that FDR’s proposal”, had an effect. It kind of intimidated Supreme court, or so, kind of the conventional wisdom – in more susceptible for the to do what he had tried with the New offer.
“So, he’s not a judge, but he has a lot to get what he wanted done, done,” he added. “And Yes, it is possible that the Democrats, just by raising the threat of packing the court try and do something similar.”
Not in the Constitution, a fixed number of judges of the Supreme court; this is up to the Congress. The number of judges has been nine since 1869, but the recording is low, and six and as high as ten.
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Scalia said that the latest proposals from the Democrats are the last step in a political war over the judiciary, which lasted almost two decades.
“It goes back to the early 2000s, as Democrats nominees filibustered a lot of President Bush and the Republicans responded in the way of filibustering a lot of Obama’s to allow the candidate, and the Democrats responded by the nominees, the termination of the filibuster for lower court, and then the Republicans got rid of the Democrats filibustered [Neil] from gorsuch, the Republicans have the filibuster for Supreme court nominees,” he said. “It goes on and on. So if the Democrats try to do this, try to pack the court, I don’t know why you are under the impression that the next time you have the Senate and the next time you have the President, the Republicans will never be in power again, because they are always on the right side of history, and the history will eventually be the ultimate end.”
Fox News’ Bill Mears contributed to this report.