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Originally Posted by GGG
FDR threatened to pack the court with extra justices. It has always been political. You hope that a life time appointment will allow them to not be beholden to anyone when making decisions. In general this has worked.
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FDR threatened to pack the court to counter the movement to fill the court with old conservatives who were supporting the robber barons. The court was not acting in the people's best interests and that was problem as the court had proven to be non-functional. This had massive support by the electorate and common folk. See, context matters. It was actually very similar to the shenanigans we are seeing play out right now.
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Just because it is always political doesn’t mean we shouldn’t expect the judges to interpret the law without bias.
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Again, the appointments were traditionally focused on the nominee's bona fides not on their political identification on predetermination to vote on specific issues. As soon as you make a selection on a predetermination requirement, that is undue influence through political identification. This has rarely happened in the past.