What's The Deal with 'Court Packing' The Supreme Court?

There are nine justices on the Supreme Court. Can you add more?

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Welcome to Real Law Review by LegalEagle; a series where I try to tackle the most important legal issues of the day. If you have a suggestion for the next topic leave your comment below.

And if you disagree, be sure to leave your comment in the form of an OBJECTION!

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All clips used for fair use commentary, criticism, and educational purposes. See Hosseinzadeh v. Klein, 276 F.Supp.3d 34 (S.D.N.Y. 2017); Equals Three, LLC v. Jukin Media, Inc., 139 F. Supp. 3d 1094 (C.D. Cal. 2015).

Typical legal disclaimer from a lawyer (occupational hazard): This is not legal advice, nor can I give you legal advice. Sorry! Everything here is for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Nothing here should be construed to form an attorney-client relationship. Also, some of the links in this post may be affiliate links, meaning, at no cost to you, I will earn a small commission if you click through and make a purchase. But if you click, it really helps me make more of these videos!

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[koloqial]

Not an American, but this channel has given me such a great insight into the US legal system. Everything is digestible and easy to understand. Thanks Devin!

[capncrackfiend]

“All lawyers have to learn to write well.”
*Stares at The Kraken*

[richardcheng]

Honestly this channel has the most underrated subtle burns and pop cultural references, and the smoothest translation to sponsor.

[jamesduffy]

"all lawyers have to learn to write well"

Sidney Powell: and I took that personally

[marc-antoinegagne]

I remember researching about this a few years ago. Mexico made a solid point that 11 justices is a magical number for a supreme court. It allows to spread common tasks more evenly, and even to split the court in two to hear leaves of appeal by forming set panels of 5 justices.

[mathirojust]

To be honest i wished for an episode about the number of laws that santa breaks while crossing borders to deliver presents

[csours]

I gotta say this McConnell character is unbelievable. No one is that hypocritical in real life. I think you need to do a re-write.

[dwc]

16:37 - "... all lawyers have to write really well."
Me, a word processor for corporate lawyers: I dispute this claim.

[johnjones_]

When we talk about the life expectancy in the past being in the 30s, something you must keep in mind is that this included everyone. Infant mortality was pretty high at the time, so if you made it to your toddler age, you could expect to live significantly longer, if you were a boy. The other big killer were women dying young in child birth, and kids dying from things like small pox. If you were an male who made it to age 20, you could pretty much expect to make it to your seventies, .

[ignitionfrn]

3:10 - Chapter 1 - History of the judiciary act ?
4:15 - Chapter 2 - The civil war era
5:35 - Chapter 3 - The judiciary in 2020
10:40 - Chapter 4 - The inherent flaws of court packing
11:55 - Chapter 5 - What else can be done to reform the supreme court
13:25 - Chapter 6 - Term limits
14:15 - Chapter 7 - Bigger court & panel review
16:45 - End roll ads

[AntZen]

Objection!
9:28 Life expectancy statistics of that time were not reflective of the average lifespan of a healthy person who lived past age 18. It is instead indicative of infant mortality rates being much higher then. Generally speaking if you lived to 18 during that time, you made it to 60+ at about the same general rate as modern Americans do.
Using it in the context of the upper limits of average lifespans during that time is not accurate and slightly misleading.


Otherwise great informative video! Love your content and thanks for explaining the history and modern events surrounding this controversy!

[jeremychoo]

By way of comparison, while the UK’s Supreme Court has more judges than SCOTUS, it very rarely sits in banc. Most appeals are heard by divisions of 5 judges with some of the more important cases heard by divisions of 7 or up to 9 judges. As was pointed out in the video, this potentially allows the Court to hear more cases. In the UK, judicial time is not 100% devoted to hearing appeals and writing judgments and the Justices often have other administrative responsibilities which may also take up a substantial part of their working day. The Supreme Court has a Registry which makes administrative decisions as to what cases come before any particular division based on a number of factors such as Counsels’ and each judge’s availability and subject matter expertise. For example, the Registry is unlikely to include a judge whose expertise is family law in appeal involving an IP dispute although if it’s necessary to make up numbers to have 5 judges, that can sometimes happen. With so many permutations, it’s very unlikely that any party will be able to pick and choose which division or which judge(s) the appeal will be heard by. As to whether the Registry may be prevailed upon to include or exclude certain judges from hearing an appeal, while anything is possible in theory, the Registry is generally above reproach.

[jonribeiro]

Devin's seamless transition to a skillshare pitch is always incredible and gets me every time

[a]

"...hang on like grim death until the Angel Gabriel blows the horn."
Why can't the politicians and Government officials talk like this now? As long as we have to listen to them they might as well be clever/ entertaining.

[MonkeyJedi]

McScrottle really roasts my chestnuts.
"Half a year is too close to the election of the next President, so I will refuse to even let the Senate even vote on the nominated candidate."
-
Four years later:
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"We need to seat a justice even though it is less than three months until the election, so I will make sure to twist arms and get this nomination rammed through the Senate."
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And this is the same group of career politicians who removed the rule requiring a 60% margin to confirm all judicial appointments, and this year Lindsey Graham lamented that "it is something we can't fix" - But it IS something the Senate can "fix" by the same process with which they lowered the margin to 50%. It's easy to figure out, if you can chainsaw through the rampant egos and institutional stubbornness.

[glenmorrison]

Mitch McConnell looks like a claymation parody of himself.

[LimeyLassen]

That "Balanced Bench" thing is such a dumb idea. Just what we need, an amendment making the 2-party system even MORE entrenched. All in the name of centrism.

[guss]

The Israeli supreme court has 15 justices that hear cases in panels of 3, 5 or 7 justices as determined by the head justice according to their significance. This allows the court to hear about 10000 cases a year. This is about the same case load as if the US supreme court heard every case it was petitioned for and then again half of that.

Also justices retire at 70 years old - like in England.

[polarisator]

For comparison: In Germany there 16 judges on the "Bundesverfassungsgericht" (federal constitutional court). They are equally appointed by the Bundestag and Bundesrat and can serve for 1 term of 12 years, as long as they are younger, than 68 years. They are divided in two "Senate" with 3 "Kammern" each, taking care of cases of different topics. There is a lot more to it, but that system seems a lot more modern, imo.

[sarawarlestedt]

You should have a playlist of “basic stuff” or “legale(a)se” . Like the USA has a Supreme Court. The constitution was written why? Circuit court? Why a jury? Hung jury? What is the bar? What is an amendment? Top ten ways to get tackled in court.