Opinion: Why court-packing is a really bad idea
The Supreme Court building in Washington. By Jennifer Rubin Jennifer Rubin Opinion writer covering politics and policy, foreign and domestic Email Bio Follow Opinion writer March 19 at 12:45 PM Democratic presidential candidates are beginning to coalesce around the idea of court-packing, that is, expanding the Supreme Court to “make up” for President Trump’s appointed judges. The theory goes that the seat now held by Justice Neil M.
Moreover, court-packing isn’t really a permanent solution, since the two parties enter in a never-ending cycle of one-upmanship as each side seeks to expand the Supreme Court when its side is in power — a recipe for an unwieldy court and increased partisanship on the court. Shugerman has another idea: Require a 6-3 majority to strike down a statute. “There’s actually a long record of these proposals throughout American history, but oddly, there are fewer efforts now even though there are more 5-4 decisions,” he wrote in 2008. “You don’t need to amend the constitution to force the Court to follow this rule. I argue that Congress could legislate this rule under Article III as a ‘regulation’ of and ‘exception’ to the Court’s jurisdiction.
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