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Roosevelt decided to introduce a bill to allow him to appoint up to six additional justices on the court.
Should he have the opportunity to nominate additional justices in the future, the bench will only become more conservative.
The bottom line is that if Trump has the opportunity to appoint one or more additional justices to the high court, DACA may well be struck down.
Soon after the New Year he had unveiled a plan to draw the court's fangs by packing it with additional justices.
But one or two additional justices in the mold of Scalia could produce a high court ready to hear the kinds of disputes it has recently declined to consider, like those seeking to expand gun rights or limit the power of federal agencies.
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Why not give the president upon election the power to appoint an additional justice, with Senate consent?
As a result, he proposed a "reform" of the courts that would, among other things, have added an additional justice to the Supreme Court for every current justice over the age of 70.
The suggestion that the president upon election have the power to appoint an additional justice seems almost laughable given the fractious debate that currently accompanies nominations requiring Senate consent.
A plan by President Franklin D. Roosevelt to allow him to appoint an additional justice for each member of the court age 70 years or older who refused to retire was rejected in the 1930s.
F.D.R. defeated the Republican, Alf Landon, yet again breaking a record in the electoral college: 523 to 8. In February, 1937, Roosevelt floated his plan: claiming that the Justices were doddering, and unable to keep up with the business at hand, he would name an additional Justice for every sitting Justice over the age of seventy.
Emboldened by a landslide reëlection in 1936, he struck back at the "nine old men" by proposing a change in the structure of the Court: henceforth, the President would name an additional Justice for each one over the age of seventy.
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Justyna Jupowicz-Kozak
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