@martinvermeer Probably, pragmatically speaking, yes.
There is, however, a statutory act that specifies the number of judges on SCOTUS, and a legalist argument could be made that this act should be changed before adding more judges. Changing a federal statute requires being able to pass an act through both houses of the Congress.
@heidilifeldman
@heidilifeldman @clive Not sure we can get a Dem trifecta (or even bifecta) with this court in place. I’ll vote in November… and I fully expect SCOTUS to throw it out over bs “irregularities” and send it to the House, fully disenfranchising what token vote the electoral college had left me (I’m not in a swing state).
I expect success involves mass demonstration *outside* the electoral system. (I hope for that but don’t know how we get there.)
Maier, what are you worried about? We have the primary process that for the past 20 years has amply proven the capability to produce the legislative bench that has steadfastly prevented the rise of fascism...
"Biden, our presumptive nominee, must be willing to throw his weight behind the effort."
but he is NOT.
there are two things that go hand-in-hand that Biden is against: getting rid of filibuster and expanding the courts.
Prof. Feldman: we need you and all USA lawyers to organize across every single state and be prepared to not only "flood the zone" in the courts but be able to represent protestors in droves.
we will have to elect Biden to protest him into doing what he wont
oof.
that's a big ass lift for the Dems.
@heidilifeldman
It needs to be done none-the-less. Besides, the SC would have to do another round of obvious partisan wrangling because their "official acts" smoke screen would be rigorously tested.
Trump did all of the illegal and possibly treasonous document acts "after" he left the office. So they couldn't be official acts.