There was, at one time, a legal requirement to do so. But, that legal requirement was created in direct relation to a specific power of congress granted by the constitution.
One Congress cannot pass a law restricting a future Congress from changing or repealing legislation. They would have to pass an amendment on the above as the qualifications and appointments are dicatated by the Constitution.
See the results Nov 4...... And when the house it turned, what will you say then? boo hoo?? Democrats have simply overplayed their greedy little hands, and the public isn't going to tolerate it any more.
they applied a fake rule in 2016...then reversed same rule in 2020. stolen judges. time to stack the court
no i am saying the GOP-run Senate is a disaster and a mockery. they apply one rule to Democrat Presidents and another to Republicans. if Biden wins they will NOT let him have any new justices in his 4th year.
Maybe. Maybe not. Largely it would depend on how much good will a President Biden has built up among Senate Republicans at that point. In the past the Republicans in the Senate voted to confirm plenty of Democratically nominated liberal justices.
Nope, Republicans have a new rule: ONLY Republican Presidents may nominate a supreme court justice in his last year of the term.
You have no evidence of that. The big thing driving the Republican actions in 2016 was that the seat had been that of conservative icon Antonin Scalia.
For 4 years? I doubt that. Will they be extremely dicky to any appointments? I can only hope. But that has not happened yet so I still question you complaining about it being 2.
It doesn't restrict what congress can do. It sets a hard limit on the number of judges and specifies how replacements can be made. If Congress want's to do something different they would need to repeal the current law.
The law does nothing to restrict Congress' future actions. The law sets the size of the scotus and how replacements can be made. If a future congress wants to repeal or amend the law they can do so. But, what they cannot do is take actions contrary to the law without FIRST repealing or amending. You watched this for 2 years. Reps screaming about repealing ACA but incapable DESPITE holding majorities in both houses plus the presidency. What did they do? The amended the ACA to set the mandate penalty to zero. So they could sue to have the ACA thrown out because the ZERO tax is unconstitutional or some such and the ACA is NOT severable.
You cannot "steal" something that does not belong to anyone. Obama exercised his constitutional power to nominate a justice. The Senate declined to give its consent. / end