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Dan McLaughlin Retweeted Chris Cornish
We had 4 rounds of ideological Court-packing between 1807 & 1869. Directly related to that, we had a Civil War triggered in good part by the Supreme Court's Dred Scott decision. Let's not do that again.https://twitter.com/CornishNJ/status/1107658330619695109 …
Dan McLaughlin added,
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6. Let's review here the history of the expansions of the Court in that period, some of which were more ideologically loaded than others. The Supreme Court was originally 6 Justices (even number - not ideal!). For both practical & ideological reasons, it was expanded to 7 in 1807
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7. Jefferson's effort to alter the trajectory of the Marshall Court was not notably successful. John Marshall was too good at winning new Justices over to his way of thinking. The Court stayed at 7 for 30 years.
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8. Judicial confirmation fights restarted in earnest in 1828, when the Senate blocked outgoing POTUS John Quincy Adams from filling a seat, leaving it for Andrew Jackson, then in 1835 when the Senate tabled Jackson's nomination of his Attorney General, Roger Taney.
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9. Later that year, Jackson got Taney through as Chief Justice - the role in which he would write Dred Scott. Democrats added two Justices so Jackson could make additional nominations on the way out the door to reshape the Court.
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10. This was an explicitly ideological project (the pro-slavery element of Jacksonianism was not the forefront issue yet in 1837, but it was an element). Jackson filled 1 of the 2 slots with Justice Catron, who joined Taney in Dred Scott.
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11. Jackson's effort to fill both seats - both were nominated & confirmed the last day of his term - was thwarted when South Carolina's William Smith declined to serve. Van Buren made a recess appointment (McKinley).
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12. McKinley's successor, Justice John Campbell, was appointed by another Democrat, Franklin Pierce. Campbell also joined Dred Scott, later resigned the Court to join the Confederacy.
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Replying to @baseballcrank
Incredible display of intellectual dishonesty even for you. 12 tweets, pearl-clutching, on the the horrible things Ds have done and NOT TWO WORDS ON "MERRICK GARLAND"
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Dan McLaughlin Retweeted Dan McLaughlin
I have written many words on that and linked that herehttps://twitter.com/baseballcrank/status/1107656429350109184 …
Dan McLaughlin added,
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Replying to @baseballcrank
Then I give you credit for that. But it's not enough. What McConnell and senate Rs did on the Garland nomination was an injustice crying out for remedy. And packing the courts is just as Constitutional (or more) as guys like you argue denying Pres O a Court pick was
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