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Joined 1 year ago
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Cake day: June 13th, 2023

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  • There’s a fun thing about the US court system.

    The only thing mandated by the US Constitution is the existence of a Supreme Court, and that justices of that Supreme Court “hold their offices during good behavior” (fancy speak for “lifetime appointments”).

    The size of the court, the entire federal system of lower courts, the circuits, appeals courts, the whole thing is decided on by Congress. Congress literally passes legislation that dictates what the Court systems look like.

    If Congress wanted, it could obliterate every federal court in the country, and every single federal crime would need to be tried by the Supreme Court.

    Should one party with a majority wish it and have the political will, that party could expand the Supreme Court by any number of seats. Of course, it would immediately trigger an arms race as control of Congress flipped around, more and more seats would be added (or removed) until the legitimacy of the Court was in shambles.

    But then, we’re already at “shambles” aren’t we. Might as well dillute the power of those 9 un-elected individuals by a factor of 50 or so.