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.
Republican senators should leap at this opportunity - though, sadly, I doubt they will.
Exactly one year ago, Biden gave a clear and direct answer to this question. Tonight, he completely fumbled his response.
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.
Biden's refusal to address court packing in the first presidential debate reflects his lack of concrete positions.
The prospects are far from ideal. But it is still potentially feasible.
Simply put: Republicans agree not to vote on a replacement for Ginsburg until January; Democrats agree not to pack the Court.
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.
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.
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.
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.