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Poiuyt

(18,125 posts)
Wed Dec 1, 2021, 07:45 PM Dec 2021

What are the chances of Biden getting to change the composition of the Supreme Court?

If Breyer retires or passes away, not much will change. But Thomas and Alito are in their 70s and may decide to retire, or they could die young like Scalia. I don't anticipate either taking place, but stranger things have happened.

The other possibility is that the Court gets expanded. When this was discussed last year, analysts said that it probably wouldn't happen unless the Court made some extreme decisions. If the Court does reverse R v W, that might be enough to change people's minds about things.

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What are the chances of Biden getting to change the composition of the Supreme Court? (Original Post) Poiuyt Dec 2021 OP
Nil rpannier Dec 2021 #1
Not good. Elessar Zappa Dec 2021 #2
Don't you need more than a simple majority for it anyways? Claustrum Dec 2021 #5
I'm not sure. Elessar Zappa Dec 2021 #6
Not since McConnell changed the rules Mr.Bill Dec 2021 #9
I think the legislation to expand the court would need to pass via Senate rules leftieNanner Dec 2021 #18
That's the way I remember it too. Claustrum Dec 2021 #20
depends on what mitch mconnell's pets do nt msongs Dec 2021 #3
Breyer better retire. Scrivener7 Dec 2021 #4
If RBG had retired during Obama we wouldn't have to deal with "you can dem4decades Dec 2021 #10
Have to agree PortTack Dec 2021 #12
I was roundly roasted here at the time for suggesting it. Scrivener7 Dec 2021 #13
Are those same folks now shocked and appalled that Roe is on the chopping block? PTWB Dec 2021 #15
Yep. Scrivener7 Dec 2021 #16
Well this is what we're stuck with, for years and years. dem4decades Dec 2021 #17
Yep. PTWB Dec 2021 #14
I thought we would have learned the lesson from RGB and replace Breyer quick. Claustrum Dec 2021 #22
on principal I agree with you but Groundhawg Dec 2021 #24
Breyer loves the attention... BlueJac Dec 2021 #7
You mean what are the chances Mr.Bill Dec 2021 #8
As Dean Woemer would say, 0.0. dem4decades Dec 2021 #11
Does that mean leftieNanner Dec 2021 #19
yes, but the Dean wasn't correct all the time, being fat, drunk and stupid can get you on the SC. dem4decades Dec 2021 #28
Funny Movie leftieNanner Dec 2021 #29
One blood clot. One slip and fall. Accidents Phoenix61 Dec 2021 #21
Be Still My Heart leftieNanner Dec 2021 #23
It makes me smile and keeps me hopeful. nt Phoenix61 Dec 2021 #26
And I was thinking along the lines of meteor strikes and smouldering craters. n/t royable Dec 2021 #25
That would be OK too. leftieNanner Dec 2021 #27
Zero chance of expanding the court. BlueTsunami2018 Dec 2021 #30
There's always a chance for anything In It to Win It Dec 2021 #31

rpannier

(24,329 posts)
1. Nil
Wed Dec 1, 2021, 07:46 PM
Dec 2021

Thomas and Alito will never retire as long as there is a Democrat in the WH
With Thomas, Satan may finally call him home. Alito's death wouldn't hurt my feelings in the slightest

leftieNanner

(15,114 posts)
18. I think the legislation to expand the court would need to pass via Senate rules
Wed Dec 1, 2021, 08:23 PM
Dec 2021

Which means that it could be filibustered.

The confirmation of the Justices themselves, only a simple majority.

That's my understanding of it anyway.

Claustrum

(4,845 posts)
20. That's the way I remember it too.
Wed Dec 1, 2021, 08:30 PM
Dec 2021

Which means, we need more than all of the democrats to expand the court, which means never.

 

PTWB

(4,131 posts)
15. Are those same folks now shocked and appalled that Roe is on the chopping block?
Wed Dec 1, 2021, 08:11 PM
Dec 2021

Pragmatism isn't sexism.

 

PTWB

(4,131 posts)
14. Yep.
Wed Dec 1, 2021, 08:11 PM
Dec 2021

In my friendship circles some of us were very vocal about advocating for her retirement under Obama. We were met with some fierce opposition by progressive Democrats who took offense and called us sexist instead of pragmatic.

Those same folks are now shocked and appalled that Roe is on the chopping block.

I'm not above loudly and frequently reminding them, 'I told you so!'

Claustrum

(4,845 posts)
22. I thought we would have learned the lesson from RGB and replace Breyer quick.
Wed Dec 1, 2021, 08:33 PM
Dec 2021

But it doesn't look like we are doing anything about it. We are cutting close to 22 midterms and who knows if we will still have the senate after that. I am on the "don't risk it" group.

Groundhawg

(555 posts)
24. on principal I agree with you but
Wed Dec 1, 2021, 08:40 PM
Dec 2021

Breyer has dedicated his life to us and served us well. I won't ever ask a reliable soldier like this to step down for my desires.

Mr.Bill

(24,300 posts)
8. You mean what are the chances
Wed Dec 1, 2021, 08:03 PM
Dec 2021

of Manchin or Sinema getting to change the composition of the Supreme Court?

dem4decades

(11,296 posts)
28. yes, but the Dean wasn't correct all the time, being fat, drunk and stupid can get you on the SC.
Wed Dec 1, 2021, 08:56 PM
Dec 2021

That's a way to go through life.

Phoenix61

(17,006 posts)
21. One blood clot. One slip and fall. Accidents
Wed Dec 1, 2021, 08:32 PM
Dec 2021

happen. They happen more often to people who drink too much, even beer.

BlueTsunami2018

(3,492 posts)
30. Zero chance of expanding the court.
Wed Dec 1, 2021, 09:26 PM
Dec 2021

We can only hope two or more of the fascists on the court meet a quick demise. That would be the only way to change the dynamics. Don’t hold your breath.

In It to Win It

(8,253 posts)
31. There's always a chance for anything
Wed Dec 1, 2021, 09:51 PM
Dec 2021

If Breyer dies or retires, the ideological composition of the court will remain exactly the same.

Thomas and Alito will die befoe they retire while Biden is president.

The court being expanded has a near-zero chance of ever happening. One of the jobs of Congress is to expand the courts (including the lower courts) should Congress find it necessary to do so. Time to expand the courts has long passed but expanding the courts have been turned into a political football. Nobody will do it because it will be framed as a power grab.

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