Christopher Scalia, the son of the late Supreme Court Justice Antonin Scalia, told Fox News on Wednesday that the increase in the number of High Court judges was "an argument that deserves to be taken seriously", but added that some proposals for Democratic candidates were "just unconstitutional."
Scalia has particularly criticized the idea put forward by Mayor Pete Buttigieg of South Bend, in the United Kingdom, that the Supreme Court would have 15 members, five of whom would be "sitting only by a unanimous agreement of the other 10". said Buttigieg at "Fox News Sunday."
"The problem with that," said Scalia at "Your World with Neil Cavuto" on Wednesday, "is, of course, paragraph 2 of Article II of the Constitution which states very clearly that the President has the power and the authority to appoint and, with the advice and consent of the Senate, appoint judges to the Supreme Court, so I mean, I do not know what … those candidates are talking, but they certainly can not have their colleagues appointed by judges. [constitutional] I think this amendment simply does not have the chance of a snowball to be ratified. "
Buttigieg is not the only Democratic candidate to have considered the possibility of reorganizing the Supreme Court when they won the White House. Other suitors for 2020, including Sens.Cory Booker, Elizabeth Warren, Kamala Harris and Kirsten Gillibrand, have been considering adding seats to the court or, in the case of Booker, limiting the term of office for life.
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Scalia said the proposals echoed Franklin D. Roosevelt's "sequestration" program in the 1930s, which the 32nd president finally gave up.
Despite this, Scalia argued that the FDR proposal "had an effect." This intimidated a Supreme Court – or at least, conventional wisdom goes better in the mind – by showing itself more in the mood. comfortable with what he was trying to do with the New Deal.
"So he did not have more judges, but he did a lot of what he wanted to do," he added. "And it is possible that the Democrats, just by raising this threat to wrap the court are trying to do something similar."
The Constitution does not provide for a fixed number of judges to the Supreme Court; it belongs to the Congress. The number of judges has been nine since 1869, but the total number of judges is six to ten.
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Scalia said the latest Democrats' proposals are the latest step in a political war against the judiciary that has lasted for nearly two decades.
"This goes back to the early 2000s when Democrats made obstruction of a large number of President Bush's nominees and Republicans reacted the same way by obstructing. 39, a large number of Obama candidates to obstruct [Neil] Gorsuch, the Republicans got rid of the buccaneer of the Supreme Court candidates, "he said," so if the Democrats are trying to do that, trying to pack the court, I do not know why they have the impression that the next time they will have the Senate and the next time they have the president, the Republicans will never be there again because they are on the bright side of history and that history will finally reach its ultimate end. "
Bill Mears from Fox News contributed to this report.