(No this isn’t gonna happen. Not necessarily should it. And even if it did, no one would listen to Roberts or Breyer anyway. Only Thomas would have enough sway with McConnell et al to stop a lame duck SCOTUS confirmation. But as I said, he wouldn’t want or try to. Nor should he.)
-
-
Show this thread
-
-
(1) I am aware of the circumstances of John Marshall’s appointment, and a lame duck SCOTUS appointment this year would be made for the same reasonhttps://twitter.com/MikeSacksEsq/status/1011982425029738497 …
Show this thread -
(2) Query what happened after the Federalists lame-ducked Marshall. JEFFERSON AND HIS PARTY, UPON TAKING POWER, RETALIATED BY CHANGING WITH THE SIZE OF THE SUPREME COURT AND ABOLISHING THE NEWLY CREATED CIRCUIT COURTS FILLED WITH FEDERALISTS
Show this thread -
(3) Luckily for the Federalists, Marshall was a ninjahttps://twitter.com/MikeSacksEsq/status/1308795035023036416 …
Show this thread -
(4) But there is no ninja on SCOTUS now for all sorts of reasons (no one dominant justice like Marshall was, 2021 politics not 1803 politics, etc), so a lame duck Republican Party’s best chance at keeping its conservative SCOTUS majority safe from retaliation is Intervention now.
Show this thread -
(5) so yes, Hughes/Van Devanter/Brandeis spoke out in 1937 to stop an actual court packing plan, which was retaliation for conservative judicial opposition to a political revolution. It worked, as did a swing justice’s capitulation.
Show this thread -
(6) but if a lame duck GOP Senate fills the RBG vacancy this year, Dems will pack the court to obviate ACB’s SCOTUS supermajority. Might be in the current 5-justice conservative majority’s (and the GOP’s interest) to stop that, even with Roberts’ occasional wobble.
Show this thread -
(7) in other words, there’s no functional difference between an effort from SCOTUS now to stop a lame duck confirmation so to prevent a Jeffersonian retaliatory strike, and the 1937 SCOTUS’s effort to stop a retaliatory pack effort in progress. In both cases, it’s pack-prevention
Show this thread -
New conversation -
Loading seems to be taking a while.
Twitter may be over capacity or experiencing a momentary hiccup. Try again or visit Twitter Status for more information.