They still need to change the law that sets the size of the SCOTUS and
that could be filibustered to death. You actually might even find the
Dems don't have the votes for a up down vote. This is a precedent that
could make the SCOTUS become a joke with any majority that is not
happy with the balance just packs in a few more justices.
That was what FDR ran up against when he had a lock on congress. I
don't think it ever even got out of the judiciary committee.
A Dem majority in the Senate could create a new Senate precedent by
invoking the nuclear option that requires approval of only a simple
majority of senators.
A senator could rise to raise a point of order and if the presiding
officer agrees, the ruling on that order creates a new precedent.
The size of the court is not set by the Constitution.
****ing McConnell...it would be worth it.
You just have to be careful what you wish for. It was Harry Reid who
changed the rules about confirming SCOTUS nominees and they reaped
that whirlwind last weekend.
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