Some Democrats are open to packing the Supreme Court in response to what they perceive as an illegitimate court appointment. But the move could cause a 'spiral' of retaliation, experts say.
rejected the idea."I would not get into court packing," Biden said."We add three justices. Next time around, we lose control, they add three justices. We begin to lose any credibility the court has at all."Sunday on the future of the Supreme Court, Biden did not discuss court packing. And on Sunday morning, House Speaker Nancy Pelosi demurred when asked whether a Democratic majority would consider expanding the court as reprisal for a late-term Trump appointment.
Friday."If he violates it, when Democrats control the Senate in the next Congress, we must abolish the filibuster and expand the Supreme Court."open to the idea To University of Chicago law professor Brian Leiter, the current Supreme Court makeup is already evidence of court packing."The Republicans packed the court after Scalia's death when they denied President Obama his choice," Leiter told NPR."Now they want to pack it further and more consequentially, given that they would appoint a conservative to replace the liberal Ginsburg. If they pack the court, the Democrats would be crazy not to do their own court packing.
But court packing would be a"terrible idea," Somin warned,"as it would lead to a spiral that undermines the institution of judicial review." It would also open the door for Republicans to respond in kind."I don't see any likely way of avoiding the spiral, once one party has passed a court-packing bill once," he said.
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