Adding more justices to the high court is "maybe an argument worth taking seriously," Christopher Scalia said Wednesday in response to some 2020 Democrats' push to do so.
Scalia, the son of the late Supreme Court justice Antonin Scalia, also said some proposals were "unconstitutional," including an idea proposed by South Bend, Indiana, Mayor Pete Buttigieg to add five members who would "only be seated by unanimous agreement of the other 10."
"The problem with that," Scalia told "Your World with Neil Cavuto" during an interview on Fox News, "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."
Other Democratic presidential candidates have proposed changes to the high court, including Beto O'Rourke, who last week said he would be open to the idea of restructuring the court to have five Republican justices and five Democratic justices.
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