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this post was submitted on 30 Jan 2024
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I don’t believe the filibuster applies to judicial nominees anymore.
It doesn't, but an act to change the size of the court would have to go through the House and Senate and we don't have the votes in either body for that right now.
Fun fact, the last time we changed the court size was to SHRINK it from 10 to 7 in order to deny President Johnson (no, the other one) a Supreme court pick.
After he got bounced and replaced by Grant, they increased it back to 9 where it has been ever since.
I wouldn't be averse to something similar, shrink the court from 9 to 5, elimimate the 4 most recently added justices. Yeah, we'd lose Brown-Jackson, but that's a small price to pay to get rid of Trump's nominees.
The court would then split 2 conservative, 2 liberal with Roberts as the swing vote.
IIRC, most legal scholars believe that shrinking the court doesn't get rid of existing justices as they are appointed for life. It simply prevents the appointment of new ones.