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Old 10-28-2020, 10:34 AM   #7897
getbak
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They could do what FDR attempted to do, which was allow for the appointment of a new justice every time an existing one reached the age of 70 years and 6 months and chose not to retire, up to a maximum of 15.

There are currently 3 justices who are over 70 years and 6 months. That would allow for the temporary expansion of the court to 12 justices while maintaining the regular count at 9.
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