Posted by 21 March 2019
It’s a hot topic in the emerging Democratic presidential primary – enlarging the Supreme Court’s membership. Critics call lit “court packing,” and one member of Congress wants to amend the Constitution to prevent it.
Right now, there are 9 Supreme Court justices. This number is fixed by law, not the Constitution. In the past, the Supreme Court has had both more than 9 justices and fewer. Senator Elizabeth Warren has said that this number should be enlarged to “de-politicize” the high court. In this view, recent Republican tactics over Supreme Court nominations have been unfair, leading to a politicized court. Some of Warren’s fellow candidates for the Democratic presidential nomination, such as Sen. Kamala Harris and Beto O’Rourke, have also expressed support for expanding the number of justices.
Rep. Mark Green, a Tennessee Republican, is pushing back against this idea by introducing an amendment to the Constitution that would permanently set the number of Supreme Court justices at 9. Those who oppose Sen. Warren’s plan argue that expanding the membership would be the event that politicizes the court, since every new president would be tempted to do that. In this view, a change in presidential party control would lead to more Supreme Court members that reflect that partisan preference. Having a fixed number would prevent presidents from doing this.
While some Democrats have expressed support for a “court packing” plan, others have not. Senator Dianne Feinstein, the ranking Democrat on the Judiciary Committee, has said she thinks the current number of justices is fine.
Do you think that it would “de-politicize” the Supreme Court if a Democratic president increased the number of justices? Should the Constitution be amended to fix the number of Supreme Court justices at 9?