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Kurt Schlichter Boils Down What Packing SCOTUS Means

AP Photo/Jose Luis Magana

"The entire packing the Supreme Court thing is based on the assumption that conservative patriots don't get to win even if they go through the political process," tweets Kurt Schlichter. "I decline to accept this paradigm."

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A major governmental change has an underlying motive. No one wakes up in the morning and decides to change the number of justices who sit on the Supreme Court of the United States based on nothing. The key is to distil fact from fiction insofar as what is said about the motive against what the motive actually proves to be.

Justices who serve on the Supreme Court are nominated and appointed by the president of the United States, by and with the advice and consent of the U.S. Senate. They have no term limits, which makes them lifetime appointees. Justices can retire, but if not for that or removal otherwise, they serve until they pass away. This makes the judicial branch of the government, established by Article III of the Constitution of the United States, the least accountable of the three branches to the regular intervention of the people by election. The people can choose representatives by election every two years. No president can be elected more than twice, and each presidential term is for four years. The people elect senators for six years. All of the aforementioned have term limits and reelection considerations (except for retiring members of Congress and a second-term president) that Supreme Court justices do not have. They hold office continually.

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Any change to the number of justices who sit on the Supreme Court of the United States must be ratified upon an unimpeachable basis. The alteration must be necessary to the functioning of government. One example could be that the increase would lighten the workload for the justices by having more of them. Another basis could be that increasing the count would concentrate each justice's geographical responsibility to a narrower portion of the nation. A technical basis along that line could be that the change would cause the Court to come into alignment with the number of U.S. Court of Appeals circuits that are scattered throughout the nation.

To put more Republicans or Democrats in high government positions, circumventing the people and the intervening of elections, does not constitute a basis for amending the standing number of nine justices who sit on the Supreme Court of the United States.

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