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this post was submitted on 07 Jul 2024
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I agree but there is another path: if Democrats win both houses of Congress and the President, and Senate Democrats agree to blow up the filibuster, they can pack the court whenever they want.
I am of the opinion they should slam the Court up to 11 right away, then 13 in time for the 2026 court term. Then go to Republicans and say "You can let us put four 40-ish Liberals on the Court for lifetime appointments, and gamble on getting your own trifecta to re-pack it, or you can work with us on an amendment to reform the court, put in term limits, and limit its partisanship".
What's interesting is that this precise scenario happened in the 1910s in the UK (given that at the time the house of lords was the highest court in the country as well as the upper legislative chamber). Lloyd George called an election on the subject, and negotiated with the king that if the lords didn't vote for a reduction in their powers, he would create a massive influx of Liberal peers.
Interesting episode in history.