The Political Legacy of RBG
“President Trump’s nominee will receive a vote on the floor of the United States Senate” (McConnell, 2020)
In one fell statement, U.S. Senator Mitch McConnell (R-KY) has obliterated the filibuster rule, which he had sundered already in 2017, and he has ended the tradition of a nine-seat U.S. Supreme Court. Article III authorizes the creation of a U.S. Supreme Court but does not set the number of justices of the Court. Since 1869, the number of justices has been fixed at nine by the Judiciary Act of 1869 (The Judiciary Act of 1789 had established five justices.)
On January 3, 2021, the 117th Congress of the United States will convene. U.S. Senate President Kamala Harris, U.S. Senate President Pro Tempore Patrick Leahy (D-VT), and Majority Leader Chuck Schumer (D-NY) will call for a vote on the Standing Rules pursuant to Article One, Section 5 of the United States Constitution. The filibuster rule will be abolished in its entirety and the Judiciary Act of 1869 will be amended to allow for 11 seats on the Supreme Court of the United States. The bill may be introduced by first-term U.S. Senator Amy McGrath (D-KY). After signage, U.S. President R. Joseph Biden, Jr. will nominate U.S. Judge Merrick Garland who, after confirmation and installment, will retire. President Biden will then appoint two justices to the Supreme Court to correct the partisan hypocrisy of former-Senator McConnell (R-KY).
The U.S. Senate and the President of the United States shall decide whether the Judiciary Act of 2021 will include a redaction regarding the court size inherent in the legislation. Perhaps the composition should return to nine-members after two future deaths or retirements. Regardless, the Judiciary Act of 1869 and the Filibuster Rule must be removed or amended.
