Supreme Court to hear big 2nd Amendment case despite threats from Sheldon Whitehouse and other Dem

[civilwarbuff]

The closing paragraph was at best a thinly-veiled threat (emphasis added):

The Supreme Court is not well. And the people know it. Perhaps the Court can heal itself before the public demands it be “restructured in order to reduce the influence of politics.” Particularly on the urgent issue of gun control, a nation desperately needs it to heal.

This was not so much a legal argument, but a shot across the bow of the Court and Chief Justice Roberts in particular.

Nice Court you have there, Chief, shame if something happened to it.

Supreme Court to hear big 2nd Amendment case despite threats from Sheldon Whitehouse and other Dem Senators

 

[JohnAshton]

No one doubts that Democrats, if the get the majorities, they need will "restructure" SCOTUS with six new justices, bringing the court to 15 members.

 

[redleghunter]

The closing paragraph was at best a thinly-veiled threat (emphasis added):

The Supreme Court is not well. And the people know it. Perhaps the Court can heal itself before the public demands it be “restructured in order to reduce the influence of politics.” Particularly on the urgent issue of gun control, a nation desperately needs it to heal.

This was not so much a legal argument, but a shot across the bow of the Court and Chief Justice Roberts in particular.

Nice Court you have there, Chief, shame if something happened to it.

Supreme Court to hear big 2nd Amendment case despite threats from Sheldon Whitehouse and other Dem Senators

Obstruction of justice.

 

[JohnAshton]

The congress has the constitutional duty to structure the courts.

 

[redleghunter]

The congress has the constitutional duty to structure the courts.

They can impeach justices and confirm appointments. They can even structure the lower federal courts system but not the SCOTUS.

 

[Yarddog]

The closing paragraph was at best a thinly-veiled threat (emphasis added):

The Supreme Court is not well. And the people know it. Perhaps the Court can heal itself before the public demands it be “restructured in order to reduce the influence of politics.” Particularly on the urgent issue of gun control, a nation desperately needs it to heal.

This was not so much a legal argument, but a shot across the bow of the Court and Chief Justice Roberts in particular.

Nice Court you have there, Chief, shame if something happened to it.

Supreme Court to hear big 2nd Amendment case despite threats from Sheldon Whitehouse and other Dem Senators

Where exactly is this threat?

 

[civilwarbuff]

In the OP.....

 

[civilwarbuff]

They can impeach justices and confirm appointments. They can even structure the lower federal courts system but not the SCOTUS.

Curious as to what their reply would be if congress attempted such a thing.....Wonder if they would consider the act unconstitutional and on what grounds....tipping the scales toward a specific political power?.....

 

[JohnAshton]

They can impeach justices and confirm appointments. They can even structure the lower federal courts system but not the SCOTUS.

Better go study your Constitution because your conclusion is dead wrong. Congress can regulate the number of justices on SCOTUS. It can create and eliminate circuits. SCOTUS is not immune to constitutional oversight by Congress.

 

[civilwarbuff]

1869 9 Judiciary Act of 1869 Set Court at current size, reduced burden of riding circuit by introducing intermediary circuit court justices. (16 Stat. 44)

 

[JohnAshton]

1869 9 Judiciary Act of 1869 Set Court at current size, reduced burden of riding circuit by introducing intermediary circuit court justices. (16 Stat. 44)

Thank you, respecfully, civilwarbuff, for pointing out that Congress does have the right to regulate court size and numbers of intermediary circuit court justices.

 

[civilwarbuff]

Thank you, respecfully, civilwarbuff, for pointing out that Congress does have the right to regulate court size and numbers of intermediary circuit court justices.

They do have the right; they just can't make changes on a whim though. They would have to pass a law that would supersede the 1869 law before they could make changes...which at present requires a 60 vote majority in the Senate.....of course in the event of a challenge it would likely end up before SCOTUS and who knows how they would find. Looking to make a change to SCOTUS simply for political advantage might be a very hard sell to them.

 

[JohnAshton]

Thank you for agreeing that Congress can regulate the court size.

It is a political issue and a manageable one. Part of the new law would, per the Constitution, permit Congress to withdraw SCOTUS jurisdiction over the legislation.

 

[civilwarbuff]

Part of the new law would, per the Constitution, permit Congress to withdraw SCOTUS jurisdiction over the legislation.

What part of the Constitution would that be? I am not aware that any legislation is outside the pervue of SCOTUS.

 

[JohnAshton]

Congress may, in the US, restrain the authority of a federal court because it has authority over the courts. It may have such jurisdiction over state courts, which is a doctrine that I oppose on grounds of federalism.

A decent, for a change, wiki article explains the issue in simple terms with majority and minority points and cases at Jurisdiction stripping - Wikipedia

 

[Yarddog]

In the OP.....

Nope. The Senator was just referring to a poll question from Quinnipiac University.

 

[civilwarbuff]

Nope. The Senator was just referring to a poll question from Quinnipiac University.

Hmmmm....I don't see where the Senator refers to a poll........

 

[Yarddog]

Hmmmm....I don't see where the Senator refers to a poll........

Did you read the brief?

 

[civilwarbuff]

Did you read the brief?

Perhaps you could point it out for me....I might have missed it.....

 

[Yarddog]

Perhaps you could point it out for me....I might have missed it.....

I think it was on the next to last page. If you have the "find on page" Button, use it to find it. B