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Court Packing

Supreme Court

Biden-Harris on Supreme Court Term Limits

An attack on the independence of the federal judiciary.

Steven Calabresi |The Volokh Conspiracy | 8.6.2024 12:14 AM

Viktor Orban | Attila Volgyi/Polaris/Newscom

Hungary

Viktor Orbán's Reelection Shows Mere Democracy Is Not Enough

The less of our lives we allow to be put to a vote, the better.

Stephanie Slade | 4.5.2022 11:05 AM

topicslaw | Illustration: Joanna Andreasson Source images: lucky-photographer, gemenacom/iStock

Law & Government

Stephen Breyer Makes the Liberal Case Against Court Packing

"Think long and hard," Breyer warns would-be court packers, "before embodying those changes in law."

Damon Root | 2.22.2022 6:00 AM

Court Packing 2

Court Packing

Neil Siegel on "The Trouble With Court-Packing"

The Duke law professor posts an important and insightful article on this subject.

Ilya Somin |The Volokh Conspiracy | 2.6.2022 4:19 PM

Court Packing

We the People Podcast on Court Reform

Keith E. Whittington |The Volokh Conspiracy | 12.17.2021 11:36 AM

Supreme Court

Concurring Opinions from members of the Supreme Court Commission

Will Baude |The Volokh Conspiracy | 12.16.2021 5:13 PM

Court Packing

A Conversation with Jonah Goldberg on Court Reform

I've heard that breaking constitutional norms is a bad thing

Keith E. Whittington |The Volokh Conspiracy | 12.15.2021 11:50 AM

polspphotos788157 | Jonathan Ernst/CNP / Polaris/Newscom

Supreme Court

Biden's Supreme Court Commission 'Takes No Position' on Court Packing

“There is profound disagreement over whether Court expansion at this moment in time would be wise.”

Damon Root | 12.13.2021 11:40 AM

Court Packing

Against Expanding the Size of the Supreme Court

Keith E. Whittington |The Volokh Conspiracy | 12.10.2021 5:24 PM

SupremeCourt3 | NA

Supreme Court

Biden Supreme Court Commission Issues Final Report

The report doesn't endorse court-packing or term limits. But it's generally more favorable to the latter than the former. It also provides valuable overview of a wide range of SCOTUS-related issues.

Ilya Somin |The Volokh Conspiracy | 12.7.2021 10:51 PM

SupremeCourt3 | NA

Court Packing

Biden Supreme Court Commission Releases "Discussion Materials" on Court-Packing, Term Limits, and Other Issues

The preliminary reports are generally negative on court-packing, but favorable to term limits.

Ilya Somin |The Volokh Conspiracy | 10.15.2021 5:33 PM

SupremeCourt3 | NA

Supreme Court

Does the Supreme Court's Declining Popularity Matter?

It could make the Court more vulnerable to political attack and to measures such as court-packing. But the vulnerability might not be great - or last long.

Ilya Somin |The Volokh Conspiracy | 10.1.2021 5:27 PM

SupremeCourt3 | NA

Supreme Court

Biden Releases Names of Members of His Supreme Court Commission [Updated]

It's a genuinely bipartisan and cross-ideological group. And one that isn't good news for advocates of court-packing.

Ilya Somin |The Volokh Conspiracy | 4.9.2021 12:37 PM

Breyer 3

Court Packing

Justice Breyer Warns Against Court-Packing

In this he echoes a number of other liberals, including the late Justice Ruth Bader Ginsburg.

Ilya Somin |The Volokh Conspiracy | 4.7.2021 4:51 PM

SupremeCourt3 | NA

Court Packing

Video of Committee for Justice Panel on Court-Packing and Judicial Reform

The panelists included Joshua Braver (University of Wisconsin), Tom Jipping (Heritage Foundation), and myself.

Ilya Somin |The Volokh Conspiracy | 2.11.2021 2:21 PM

SupremeCourt3 | NA

Court Packing

Biden's Judicial Reform Commission and the Future of Court-Packing

What we know of the planned commission's membership makes it unlikely it will recommend court-packing. But that doesn't mean the issue will simply go away.

Ilya Somin |The Volokh Conspiracy | 1.27.2021 10:48 PM

courts | Illustration: Joanna Andreasson; Source images: Michael Ochs Archives/Getty, FPG/Archive Photos/Getty, Bob Daugherty/A.P. Photo, Wikimedia, Public domain

Supreme Court

Don't Pack the Courts

Joe Biden shouldn't repeat FDR's big mistake.

Damon Root | 1.16.2021 6:00 AM

Supreme Court

Why isn't Court-Packing Unconstitutional?

It is easy for originalists to reject challenges to court-packing; but the non-originalist arguments should be spelled out

Will Baude |The Volokh Conspiracy | 10.31.2020 8:02 AM

Joe-Biden-speech-8-13-20 | C-SPAN

Crime

Biden's Proposed Bipartisan Commission on Court Reform Could be a Hopeful Sign for Opponents of Court-Packing

The implications of this move are far from clear. But it could well be a step to avoid court-packing, rather than promote it.

Ilya Somin |The Volokh Conspiracy | 10.22.2020 10:05 PM

sfphotosfour760142 | CHINE NOUVELLE/SIPA

Election 2020

Joe Biden Would Create a Bipartisan Commission To Figure Out Whether He Should Pack the Supreme Court

In a preview of an interview that will air Sunday, Biden says he'd pick "Democrats, Republicans, liberals, conservatives" to serve on the body, which would make broad recommendations for reforming federal courts.

Eric Boehm | 10.22.2020 12:40 PM

Crime

What is Court-Packing?

Keith E. Whittington |The Volokh Conspiracy | 10.21.2020 10:29 AM

Screen Shot 2020-10-15 at 9.15.22 PM | Screenshot via YouTube

Volokh Conspiracy

Biden Partly Clarifies Position on Court-Packing - And Perhaps Opens Door to Possible Deal

Republican senators should leap at this opportunity - though, sadly, I doubt they will.

Ilya Somin |The Volokh Conspiracy | 10.15.2020 11:33 PM

admphotostwo709699 | Stefani Reynolds/CNP/AdMedia/Newscom

Election 2020

Joe Biden Still Doesn't Have a Coherent Answer About Court Packing

Exactly one year ago, Biden gave a clear and direct answer to this question. Tonight, he completely fumbled his response.

Eric Boehm | 10.15.2020 10:20 PM

Biden-Phoenix-Q&A-10-8-20-MSNBC | MSNBC still

Court Packing

Biden's Sudden Reticence on Court Packing Is Alarming

Although Democrats think the composition of the Supreme Court is a big election issue, their nominee won’t say what he plans to do about it.

Jacob Sullum | 10.14.2020 12:01 AM

Volokh Conspiracy

Circuit Court Nominations and Senate Obstruction

Keith E. Whittington |The Volokh Conspiracy | 10.12.2020 9:00 AM

polspphotos725161

Joe Biden

Has Joe Biden's Position On Court Packing Changed?

Biden's refusal to address court packing in the first presidential debate reflects his lack of concrete positions.

Sam Rutzick | 9.30.2020 5:00 PM

Court Packing 2

Volokh Conspiracy

How a Deal to Prevent Court-Packing Can Still Happen

The prospects are far from ideal. But it is still potentially feasible.

Ilya Somin |The Volokh Conspiracy | 9.22.2020 1:59 PM

SupremeCourt3 | NA

Volokh Conspiracy

A Possible Deal on Ginsburg's Replacement That Could Prevent Court-Packing

Simply put: Republicans agree not to vote on a replacement for Ginsburg until January; Democrats agree not to pack the Court.

Ilya Somin |The Volokh Conspiracy | 9.19.2020 9:45 AM

Court Packing 2

Volokh Conspiracy

Does the Democratic Platform Endorse Court-Packing?

When it comes to the Supreme Court, the answer is clearly "no." Things are less clear when it comes to the lower federal courts.

Ilya Somin |The Volokh Conspiracy | 8.20.2020 4:19 PM

SupremeCourt3 | NA

Volokh Conspiracy

Supreme Court's Growing Popularity Reduces the Risk of Court-Packing and Other Threats to Judicial Review

Its approval rating - 58 percent - is at its highest level since 2009, far outstripping the other two branches of government. That doesn't prove the justices are doing a good job, but will make it harder to pursue court-packing or other attacks on the Court.

Ilya Somin |The Volokh Conspiracy | 8.6.2020 3:09 PM

Court Packing 2

Crime

The Return of Court-Packing

Some progressive activist groups are trying to resuscitate the idea. Whether they succeed remains to be seen.

Ilya Somin |The Volokh Conspiracy | 6.14.2020 6:17 PM

sanders-taiwan-krtphotoslive879455 | ohn J. Kim/TNS/Newscom

Crime

Bernie Sanders' Alternative to Court-Packing is Almost as Bad

It may be better only in so far as it is much more likely to get invalidated by the courts.

Ilya Somin |The Volokh Conspiracy | 2.12.2020 11:55 AM

Sheldon-Whitehouse-Newscom | Sipa/Newscom

Supreme Court

Conservative Justices Are Political Hacks, Five Senators Argue While Urging SCOTUS to Drop a Second Amendment Case

The five Democrats warn that the Court may have to be "restructured" if it keeps making decisions they don't like.

Jacob Sullum | 8.16.2019 1:35 PM

SupremeCourt3 | NA

Volokh Conspiracy

Noah Feldman and Neil Siegel on Court-Packing

Two prominent liberal constitutional law scholars warn against the dangers of court-packing.

Ilya Somin |The Volokh Conspiracy | 3.31.2019 12:20 PM

Large image on homepages | KEVIN DIETSCH/UPI/Newscom

Crime

Dangers of Growing Support for Court-Packing

There is growing support for packing the Supreme Court among liberal Democrats, including some presidential candidates. It's a terrible idea that would severely damage the institution of judicial review, if ever implemented. Thoughtful liberals would do well to reject it.

Ilya Somin |The Volokh Conspiracy | 3.20.2019 10:53 PM

Crime

Can a Constitutional Amendment Forestall the Threat of Court-Packing?

Jim Lindgren proposes a constitutional amendment banning court-packing. I'm all for it. But it can only pass if liberal Democrats get some reciprocal concession to support it.

Ilya Somin |The Volokh Conspiracy | 10.12.2018 5:50 PM

Supreme Court

Proposed Constitutional Amendment Against Packing the Supreme Court

Jim Lindgren |The Volokh Conspiracy | 10.12.2018 9:05 AM

SupremeCourt3 | NA

Volokh Conspiracy

The Case Against Court-Packing Revisited

Current liberal court-packing proposals are dangerously misguided - and for much the same reasons as last year's conservative court-packing plan.

Ilya Somin |The Volokh Conspiracy | 7.3.2018 10:20 AM

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