Biden-Harris on Supreme Court Term Limits
An attack on the independence of the federal judiciary.
Court Packing
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.
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."
Neil Siegel on "The Trouble With Court-Packing"
The Duke law professor posts an important and insightful article on this subject.
A Conversation with Jonah Goldberg on Court Reform
I've heard that breaking constitutional norms is a bad thing
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.”
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.
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.
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.
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.
Justice Breyer Warns Against Court-Packing
In this he echoes a number of other liberals, including the late Justice Ruth Bader Ginsburg.
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.
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.
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
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.
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.
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.
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.
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.
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.
How a Deal to Prevent Court-Packing Can Still Happen
The prospects are far from ideal. But it is still potentially feasible.
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.
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.
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.
The Return of Court-Packing
Some progressive activist groups are trying to resuscitate the idea. Whether they succeed remains to be seen.
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.
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.
Noah Feldman and Neil Siegel on Court-Packing
Two prominent liberal constitutional law scholars warn against the dangers of court-packing.
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.
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.
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.
