Thursday, 5 January 2017

What If the Supreme Court Remained at Eight?

There's been a couple of folks suggesting a political fight brewing (NY's Senator Schumer at the lead) who might try to force Trump into a corner over the Supreme Court nomination.

At four and four, what basically happens if it's a permanent device?  If the court can't come to a conclusion on cases, then the previous court verdict is the accepted end to the discussion.  That means whoever loaded that court with left-leaners or right-leaners....got the inside hand.  You can guess where this discussion goes next.....that various sub-courts of the federal level will be stacked up over the next four years with a lot of right-leaners.

If you kept this judgement up, then as each member of the Supreme Court leaves....you just don't replace anyone and eventually you just have two guys standing there.  Of course, this won't happen.

I'm of the mind that it's time to reshuffle the deck and bring the Supreme Court to fifteen members.  Then you throw a deck of cards on the table when cases come up and whichever of the fifteen pulls the higher-noted card....to reach nine members on a case....they get the nod.  It would be luck if you have seven right-leaners on one case, or five-left leaners....enough to settle a case.

Will Trump play along with a weak situation?  No.  My guess is that he will go straight to two or three Democratic Senators and ask what they want....some new state park, massive road spending for their state, etc.  Unlike the Obama administration which never wanted to deal with Republicans....I suspect that Trump will make it a weekly thing....getting people to the table and talking over what they'd like for their state.  That's the way that things ran for decades, and it would be helpful to return to the normal standard of negotiation.

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