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Christopher Scalia, the son of the late Supreme Court Justice Antonin Scalia, told Fox News Wednesday that the idea of increasing the number of justices on the high court is “maybe an argument worth taking seriously,” but added that some proposals by Democratic candidates were “just unconstitutional.”
Scalia took particular issue with an idea advanced by South Bend, Ind., Mayor Pete Buttigieg in which the Supreme Court would have 15 members, five of whom would “only be seated by unanimous agreement of the other 10,” as Buttigieg told “Fox News Sunday.”
The article goes on to state the following:
“The problem with that,” Scalia told “Your World with Neil Cavuto” Wednesday, “is, obviously Section 2, Article II of the Constitution makes very clear that the president has the power and authority to nominate and, with the advice and consent of the Senate, to appoint Supreme Court justices. So, I mean, I don’t know what … these candidates are talking about, but they certainly can’t have justices appoint their colleagues. So, that would require an [constitutional] amendment that I just don’t think has a snowball’s chance anywhere of being ratified.”
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