What To Do If Kavanaugh Is Confirmed

Watching the dog and pony show that the Republicans are putting for the nomination hearing of judge Kavanaugh you can easily see that the Republicans are going to ram him down our throats.

So with a 5 – 4 conservative majority on the Supreme Court and the last three justices were picked because they put the Bible about the Constitution and the fact that they are appointed for life; what are we going to do if the Democrats win back Congress and the presidency?

What are we going to do if the Supreme Court overturn Roe v Wade?

What are we going to do if the Supreme Court overturn marriage equality?

What are we going to do if the Supreme Court rules in favor of “Religious Freedom” to discriminate?

Then there voter disenfranchise laws, district gerrymander, Title VII and Title IX that are all coming before the courts… what are we going to do?

Impeach the justices? On what grounds and you will also need two thirds of the senators to vote for it.

I have a solution… appoint three more liberal judges for a total of eleven Supreme Court justices.

But you can’t do that! You have to have nine justices!

Well the Constitution says this about the number of justices… nothing.

What it says is,

The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.

That is it!

Nothing about the number of judges.

So how come we have nine justices, that number had to come from someplace?

Well it did, here is what History.com had to say about the number of justices,

There haven’t always been nine justices on the court.The U.S. Constitution established the Supreme Court but left it to Congress to decide how many justices should make up the court. The Judiciary Act of 1789 set the number at six: a chief justice and five associate justices. In 1807, Congress increased the number of justices to seven; in 1837, the number was bumped up to nine; and in 1863, it rose to 10. In 1866, Congress passed the Judicial Circuits Act, which shrank the number of justices back down to seven and prevented President Andrew Johnson from appointing anyone new to the court. Three years later, in 1869, Congress raised the number of justices to nine, where it has stood ever since. In 1937, in an effort to create a court more friendly to his New Deal programs, President Franklin Roosevelt attempted to convince Congress to pass legislation that would allow a new justice to be added to the court—for a total of up to 15 members—for every justice over 70 who opted not to retire. Congress didn’t go for FDR’s plan.

Well maybe a Democratic Congress and presidency might see to increasing the number of judges.

This might be an option to consider.

Of course it has been known in the past for conservative justices to “see the light” and move toward center.