“Packing the Court” and why it’s bad – commentary from The Civil Rights Lawyer – Everything Law and Order Blog

Joe Biden won’t answer the question about whether he’ll attempt to pack the U.S. Supreme Court, until the day after the election – so he’s claimed. What is “packing the Court,” and why is it such a terrible idea that even Ruth Bader Ginsburg warned against it?
It’s a bad idea for 3 reasons:
1. It literally dilutes the SCOTUS for some temporary political objective;
2. It politicizes the SCOTUS as an institution and undermines it’s integrity and legitimacy; and
3. It necessitates and makes retaliation inevitable, resulting in a larger and larger SCOTUS, until it’s basically a super-legislature.

Read more: https://thecivilrightslawyer.com/2020/10/11/packing-the-courts-and-why-its-bad/

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By elboriyorker

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11 thoughts on ““Packing the Court” and why it’s bad – commentary from The Civil Rights Lawyer”
  1. Couldn’t agree more with your premise and glad we haven’t seen any actual serious push yet for expanding the court. But I wouldn’t just blame the Democrats if they did pack the court for the politicization of the court. The GOP didn’t exactly convince a lot of people that their flip-flop on confirming judicial appointments in an election year didn’t have anything to do with getting their political ideology to have more sway in the Supreme Court. And of course that wasn’t even the beginning of politicizing the Supreme Court, just the most recent example.

  2. Not for Supreme Court packing, but would like to see it expanded so it can hear more cases. Just don’t see anyway to do it without it being overtly political.

  3. The Republicans have been packing the courts with authority loving right-wingers for 12 years now. By denying Obama's nominees a hearing, stonewalling and filibustering, and now rushing through all available openings while they have power, they have fulfilled their mission of packing the courts with judges that disdain the first, fourth, 14th, 15th and other amendments and rights fundamental to a free society. But as long as you guys get your absolutist interpretation of the second amendment enforced you are fine trampling on all the other rights.

  4. As if SCOTUS isn't spread politicized and packed by the GOP. If the only way to overcome this immoral packing by Moscow Mitch and that fool in the White House then I don't mind. Biden not answering that question is no different that that fool in the White House not answering questions or promising to release his policy after the election. No problem with that though right. As far as Roosevelt, what he did worked. The threat of adding justices suddenly changed their attitude. I'm hoping actually that if Biden wins and the Democrats take Congress that they increase the court by at least 6. It's really interesting that you are opposed to a super majority of liberal leaning justices but not a super majority of the extreme right which is what is happening soon.

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