The Dems have indicated they wish to increase the number of SCOTUS justices if they win mid-term congressional majority. The Constitution does not specify the number of justices, nor does it explicitly forbid or permit additional or fewer Justices (historically there have been 6,7,9 even 10).
The Constitution does not grant Congress the power to appoint justices, additional or otherwise. Article 1, Section 2: “…he [POTUS] shall…appoint…Judges of the Supreme Court….” Thus, POTUS is not barred from appointing additional justices or ignoring vacancies. The Constitution is unclear on who has the power, tradition notwithstanding, to set the number – Congress or POTUS?
Scenario 1) The midterms yield a continuation of Republican Senate majority. Trump appoints four additional justices that are confirmed by the Senate. The Dems file suit where the new 13-member mega-conservative Supreme Court will decide if the appointments are legal.
Scenario 2) The Dems win control of the mid-term Congress and create four additional SCOTUS seats. Trump appoints four very conservative candidates which the Democrat Senate rejects. This could take until 2028 when a new Congress and POTUS are elected. If Republicans win control, then, there will be a 10-3 mega-conservative Supreme Court. Be careful what you wish for.
Chuck Klein, Columnist: American Free News Network
If you enjoyed this article, then please REPOST or SHARE with others; encourage them to follow AFNN. If you’d like to become a citizen contributor for AFNN, contact us at managingeditor@afnn.us Help keep us ad-free by donating here.
Substack: American Free News Network Substack
Truth Social: @AFNN_USA
Facebook: https://m.facebook.com/afnnusa
Telegram: https://t.me/joinchat/2_-GAzcXmIRjODNh
Twitter: https://twitter.com/AfnnUsa
GETTR: https://gettr.com/user/AFNN_USA
CloutHub: @AFNN_USA