Article 3, Section 2 of the US Constitution

[togor]

Check it out. Short but interesting read.

Says clearly that Congress can regulate how the court operates. Up to now there hasn't been too much appetite in Congress to do that, but there's a check, a balance, if Congress gets tired of a rogue court. They don't have to wait a generation for results.

One could argue that Congress should stop trying itself in knots and start doing it's job again, confronting the issues of the day.

[Major Tom]

But can the democrats 'pack' the court or add more than 9 justices?

[lyman]

what if the court is not rogue, but congress is?

[togor]

Congress doesn't do sh*t these days. Filibuster.

So administrations stretch old law thinner and thinner. And courts play in that space too.

But Alito et. al.'s Roe opinion is just judicial preference for policy outcome. They clearly dislike abortion and use their position to help ban it.

It has been pointed out that if the mother has no Constitutional rights, then neither does the embryo/zygote/fetus. But nobody really thinks this court is willing to acknowledge that side of their ruling. Fat chance of that. Women are cattle and the Constitution doesn't declare otherwise (in their view).

[blackhawknj]

The Left is throwing a giant temper tantrum because they wrote the rules, as long as the Court ruled in their favor they were fine with it, when it didn't, they want to change the rules.
The size of the Court is set by Congress, originally there were 5 justices, 10 in the 19th Century, 9 since 1869. The Democrats expand the court-by legislation, then the Republicans come in, repeal that law, reduce its size. What, they don't have the power to do that ?
No one on the pro-abortion side has ever advocated the "man's right to choose". Nor have they ever accepted that children are the responsibility of their mothers and no one else.

[barretcreek]

Commentary says this Court is re-establishing Federalism; if the Constitution does not specifically give power to the Feds it rests with the individual states. In the early '90s Ginsburg said Roe was an over reach and predicted a reaction.

[Art]

Unfortunately the framers seem to have considered the judicial system an afterthought. It doesn't even provide qualifications for judges.

The Democrats regularly come up with short term solutions that bite them later. Harry Reid's brilliant idea of ending the fillibuster for all Federal appointments except for Supreme Court Justices comes to mind. Mitch McConnell told Reid he'd regret that one and he did. If Reid hadn't been so quick on the trigger Trump wouldn't have appointed three justices or if he did they probably wouldn't be the ones he got.

With no fillibuster the Republicans will be able to ram through all sorts of things the Dems are going to just hate, including repeals of Democrat legislation, the next time they hold all three branches which may not be too far away.

[Johnny P]

A "rogue" court is an opinion held by those that the supreme court is not consistently deciding in their favor.