L L wrote:
I don’t get this where Democrats will add 2 to 4 more Justices if they win.
If they can do that next year or so, what’s stopping Mitch from doing that right now?
Packing the court would be disastrous for any party that tried it, and Putin's Mitch knows that.
FDR got spanked when he floated the idea. A President Trump or President Biden would be pilloried, even by members of his own party. Not gonna happen.
As others have observed, SCOTUS mostly comes up with good decisions. (It's been breaking the wall of separation between Church and State too much IMO but otherwise has functioned pretty well.) We just notice the Court more nowadays because Congress and especially Mitch's Senate refuse to legislate, placing an undue burden on the judicial system.
One benefit of having more (allegedly) Constitution-bound SCJs is that they are more likely to emphasize the role that Congress should be playing (and so far isn't).
Hey, here's a scenario I haven't seen bruited: Suppose Biden wins and the Senate turns blue. (Big "ifs" there!) So then Clarence Thomas, who's 72 and in his 29th year on SCOTUS, decides to retire immediately after Election Day--which gives DJT and the GOP Senate a few weeks to put yet another conservative justice on the Court for the next X decades.
*That* would put some folks' knickers in a twist.