Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

Proud liberal 80

(4,167 posts)
Tue Oct 13, 2020, 10:11 PM Oct 2020

"packing" the court doesn't poll well

Or so I keep hearing. Guess what else didn't poll well (holding up the Garland nomination and now rushing Barrett through). But Republicans in the Senate have the right attitude in "We know it isn't popular, but Fuck it, we are going to do it any way while we have the power" And that is the difference between Dems and Reps. When we are power we are scared to take action because of what the public thinks. That why we had a watered down stimulus bill in 2009 and a watered down ACA in 2010. The point is, parties are always going to pay a political price for decisions, but you have to do all you can when you are in the majority.

36 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
"packing" the court doesn't poll well (Original Post) Proud liberal 80 Oct 2020 OP
Something tells me that even if we control the House, the Senate and the WH, Marie Marie Oct 2020 #1
you are right Proud liberal 80 Oct 2020 #3
There are not enough single issue "anti-court packing" voters to make a difference WSHazel Oct 2020 #2
yes you right Proud liberal 80 Oct 2020 #4
"We must fix McConnell's blocking and Trump's packing to protect the will of the people" RockRaven Oct 2020 #5
Becsuse of the way the media reports it JI7 Oct 2020 #6
How about Republicans "packing the Court"? How does THAT poll? no_hypocrisy Oct 2020 #7
Yes you are right. The only thing that matters is the exact letter of the law. Statistical Oct 2020 #8
If we win three branches then we can do it. Public opinion will be different then. LakeArenal Oct 2020 #9
who cares MFM008 Oct 2020 #10
Exactly-If the Repiggies for their Oligarch backers... StClone Oct 2020 #14
I completely agree Proud liberal 80 Oct 2020 #15
it is all how you frame it....... Takket Oct 2020 #11
I agree Proud liberal 80 Oct 2020 #19
If the situation was reversed, Republicans would add as many judges as possible. VOX Oct 2020 #12
yep Proud liberal 80 Oct 2020 #16
As noted by several the Rs did reset the SCOTUS to Eight seats StClone Oct 2020 #18
We need to call it Court Reorganization. Liberal In Texas Oct 2020 #13
yes Proud liberal 80 Oct 2020 #21
This! a 1,000,000 times this. MESSAGE CONTENT MATTERS. n/t MFGsunny Oct 2020 #30
Reframe it as "balancing the courts" not packing the courts. Liberty Belle Oct 2020 #17
I agree Proud liberal 80 Oct 2020 #20
"Balancing" is a good description too. Liberal In Texas Oct 2020 #35
16 of the last 20 SC justices (if you include Barrett) have been appointed by GOP presidents Poiuyt Oct 2020 #22
What happens when the rethugs rebalance the court back the other way again when they regain power? Groundhawg Oct 2020 #23
of course they will Proud liberal 80 Oct 2020 #26
That's my thinking. If everyone keeps adding seats, then it'll become a joke and force real reform. NYC Liberal Oct 2020 #32
If we win an overwhelming majority then we have a mandate SoonerPride Oct 2020 #24
yep Proud liberal 80 Oct 2020 #27
Anti Republican Court Packing. C_U_L8R Oct 2020 #25
Packing the courts? What packing? Who said anything about packing? We just want a Senate Majority! BlueWavePsych Oct 2020 #28
Pack the courts? We'll see what happens..... TheRealNorth Oct 2020 #29
Oh. Iggo Oct 2020 #31
Not packing, expanding. Crunchy Frog Oct 2020 #33
I'm guessing that taking away healthcare and women's rights... Dave Starsky Oct 2020 #34
Call it rebalance the courts... myccrider Oct 2020 #36

Marie Marie

(9,999 posts)
1. Something tells me that even if we control the House, the Senate and the WH,
Tue Oct 13, 2020, 10:13 PM
Oct 2020

the Democrats won't do this. I hope that I am wrong. And, it is not "packing the courts" it is balancing them,

Proud liberal 80

(4,167 posts)
3. you are right
Tue Oct 13, 2020, 10:16 PM
Oct 2020

it will be 2009 all over again when Dems were fighting amongst themselves (Blanche Lincoln, that Senator from Nebraska, Lieberman, etc...) It was nauseating.

and yes, I hate that term "packing"....

WSHazel

(159 posts)
2. There are not enough single issue "anti-court packing" voters to make a difference
Tue Oct 13, 2020, 10:14 PM
Oct 2020

people care about outcomes, not process.

RockRaven

(14,972 posts)
5. "We must fix McConnell's blocking and Trump's packing to protect the will of the people"
Tue Oct 13, 2020, 10:18 PM
Oct 2020

There. Quick sound bite with no fancy words.

You can add all the caveats and details after the first sentence, or when argued with. But make the first sentence short and simple.

Statistical

(19,264 posts)
8. Yes you are right. The only thing that matters is the exact letter of the law.
Tue Oct 13, 2020, 10:21 PM
Oct 2020

Is increasing the size of the courts legal? Then do it. However my guess is it won't happen. Eventually the pendulum will swing the other way and when Republicans are in power they will say fuck the polls and do everything to the limits of their power.

I don't know what it will take to change that. One would think losing the Supreme Court permanently for 20 years would but I wonder.

LakeArenal

(28,820 posts)
9. If we win three branches then we can do it. Public opinion will be different then.
Tue Oct 13, 2020, 10:24 PM
Oct 2020


The Constitution does not stipulate the number of Supreme Court Justices; the number is set instead by Congress. There have been as few as six, but since 1869 there have been nine Justices, including one Chief Justice.

www.whitehouse.gov › the-judicial-...
The Judicial Branch | The White House

Except when Obama went almost a year when 8 was enough for Pukes.

StClone

(11,683 posts)
14. Exactly-If the Repiggies for their Oligarch backers...
Tue Oct 13, 2020, 10:33 PM
Oct 2020

can destroy the system for evil, we can restore it for good. Democrats not tackling this immediately will condemn our children, Grandchildren to enslavement by the super wealthy.

Proud liberal 80

(4,167 posts)
15. I completely agree
Tue Oct 13, 2020, 10:34 PM
Oct 2020

My point is that next year when we have the House, Senate, and WH there is going to be a lot of in-fighting between Dems, of course the Reps will be crying that we are "packing the court", the MSM is going to beat the Dems up, the polls will say that we shouldn't do it...and guess what, the Dems won't do it. And I think regardless of all that, their attitude should be "Fuck it, we are doing it"...That has been the Republicans attitude for the last 20 years when they have the power, while ours has been "oh wait, we need bipartisanship" or "lets get a better consensus" or "oh, we cannot advance this nominee because this Republican Senator used his blue slip, and we have to honor that"

Takket

(21,575 posts)
11. it is all how you frame it.......
Tue Oct 13, 2020, 10:29 PM
Oct 2020

as a candidate it sounds bad, and there is frankly no reason to commit to doing it. the people already in your corner know you were going to do it so the only thing talking about it could possibly do is alienate some fence sitters.

as a president, with hopefully a landslide victory, NOW Biden has a mandate and can firmly claim that the people have spoke out on the stolen SCOTUS seats and want justice (pun intended). Seat 4 justices in the first term and by the time 2024 rolls around, it will have faded from people's minds and we'll be pleased that the left leaning court has protected that programs the majority wants.

Proud liberal 80

(4,167 posts)
19. I agree
Tue Oct 13, 2020, 10:36 PM
Oct 2020

But I am about to break the DU rules.....................Democrats are weak and don't play hardball!

VOX

(22,976 posts)
12. If the situation was reversed, Republicans would add as many judges as possible.
Tue Oct 13, 2020, 10:29 PM
Oct 2020

They wouldn’t hesitate one hot second.

StClone

(11,683 posts)
18. As noted by several the Rs did reset the SCOTUS to Eight seats
Tue Oct 13, 2020, 10:35 PM
Oct 2020

When they saw it as an advantage to hold out Garland for many months.

Liberal In Texas

(13,556 posts)
13. We need to call it Court Reorganization.
Tue Oct 13, 2020, 10:31 PM
Oct 2020

Which is what it is and allowed by the Constitution.

"Packing" IIRC was invented to describe adding seats by repubs when Franklin Roosevelt was wanting to do it. They do have a talent of branding things negatively or to be completely misleading.

Proud liberal 80

(4,167 posts)
21. yes
Tue Oct 13, 2020, 10:40 PM
Oct 2020
They do have a talent of branding things negatively or to be completely misleading.


Yes, they are good at branding things while we suck at it.

'Pro Life'
'Values Voters'
'Right to Work'
'Freedom Conference'

Liberty Belle

(9,535 posts)
17. Reframe it as "balancing the courts" not packing the courts.
Tue Oct 13, 2020, 10:35 PM
Oct 2020

The Republicans have blocked Obama from appointing anyone for an entire year; Trump got 3 nominations in a single term, more than some get in 8 yeasr, and most of the court is already conservative even before Coney Barrett.

It would be different if the majority of Americans agreed with what conservatives want to do, but polls repeatedly show that they don't. Most support Roe and the ACA.

So balancing the courts, if need be with a modest expansion would help bring the pendulum back to the middle, where most Americans are politically.

This could also be argued to be a good idea because with a couple of extra justices, it would be easier for one or more justices to recuse themselves if they have conflicts of interest, and also arguably in the era of COVID if heaven forbid a couple of older justices were to become debilitated or die, say in a case where another was recused, this would assure that there are still enough justices who heard all the arguments left to decide, and not leave themselves too short on members if there were a prolonged confirmation battle for a replacement.

Proud liberal 80

(4,167 posts)
20. I agree
Tue Oct 13, 2020, 10:37 PM
Oct 2020
Reframe it as "balancing the courts" not packing the courts.


I agree, but we Democrats have sucked at messaging and slogans while the Republicans are good at it.

Liberal In Texas

(13,556 posts)
35. "Balancing" is a good description too.
Wed Oct 14, 2020, 08:08 AM
Oct 2020

I like "Reorganization" as it is a bit more oblique.

Dems need to NEVER say "packing" again.

Poiuyt

(18,125 posts)
22. 16 of the last 20 SC justices (if you include Barrett) have been appointed by GOP presidents
Tue Oct 13, 2020, 10:41 PM
Oct 2020

That despite the fact that in the last 30 years, Republican presidential candidates have won the popular vote just ONCE!

Let's restore the SC to reflect the American population.

Proud liberal 80

(4,167 posts)
26. of course they will
Tue Oct 13, 2020, 10:52 PM
Oct 2020

that is a given, but who cares....maybe that is needed, make the SCOTUS so watered down where #1 it isn't as partisan, #2 there are less 5-4 or whatever the number splits, #3 we aren't on pins and needles hoping that an 89 year can stay alive

SoonerPride

(12,286 posts)
24. If we win an overwhelming majority then we have a mandate
Tue Oct 13, 2020, 10:48 PM
Oct 2020

Republicans always act as if they have a mandate and they don’t even have a majority

If we take back the senate and Biden wins big then that is a mandate and we had better deliver on it

Proud liberal 80

(4,167 posts)
27. yep
Tue Oct 13, 2020, 10:55 PM
Oct 2020
Republicans always act as if they have a mandate and they don’t even have a majority


Why is that always the case. The Republicans barely win ('00, '04, '16) and do whatever the fuck they want. But when the Democrats win big '08 and '12 we act like wimps.....Especially '08, I will never forget how we blew our chance right there.

C_U_L8R

(45,003 posts)
25. Anti Republican Court Packing.
Tue Oct 13, 2020, 10:48 PM
Oct 2020

Rebalance the courts and weed out corrupt or unqualified judges. Law and order, baby.

Crunchy Frog

(26,587 posts)
33. Not packing, expanding.
Wed Oct 14, 2020, 12:34 AM
Oct 2020

Maybe if we took the bull by the horns more frequently, people would be more enthusiastic about voting for Dems even in years when the republic isn't at stake.

Dave Starsky

(5,914 posts)
34. I'm guessing that taking away healthcare and women's rights...
Wed Oct 14, 2020, 07:44 AM
Oct 2020

Polls even less well, but let's just not talk about that. Guess we'll find out, won't we?

myccrider

(484 posts)
36. Call it rebalance the courts...
Wed Oct 14, 2020, 08:32 PM
Oct 2020

and/or depoliticize the courts.

I flipping hope Dems do something substantive to greatly reduce the politicization of the fed courts, especially the SC. Just like we need to get rid of the stupid requirement for approval to raise the debt ceiling to remove that political football, too.

How about having a pool of 21 or 23 pre-approved SC justices who rotate into and out of sitting on the 11 seat SC in staggered 3 or 5 or 7 year terms, just to assure that not all are replaced at once. The ones not on the current SC bench serve on the expanded circuit courts* until it’s their turn, when they change places with the justice whose term is over. Death/retirement is filled by whoever is next up and is never decided by the Pres or Congress. Those branches of the gov would nominate and approve the new judge who would go to the bottom of the list of 21/23 rotating justices.

*We need expanded courts, it takes too long to get decisions now.

Latest Discussions»General Discussion»"packing" the court doesn...