Court-Packing Is Not a Threat to American Democracy. It’s Constitutional.

The New Republic - 03-15


America’s founders probably would not have been surprised by former Attorney General Eric Holder’s statement last week that if he were president—though he’s not running—and the Democrats controlled Congress, he would “seriously consider adding two seats to the Supreme Court” to counteract Senate Majority Leader Mitch McConnell’s “power-grabbing antics.” The same goes for a competing proposal from South Bend Mayor Pete Buttigieg, who is running for president, seeking to expand the court to 15 justices. Within 20 years of establishing the new federal government, our early statesmen had changed the size of the Supreme Court three times to ensure that a politically hostile judiciary did not thwart the goals of the party controlling Congress and the presidency.