Commentary

Losing the People? Then Change the Rules

By Victor Davis Hanson
Thursday, May 05 2022

Court packing – the attempt to enlarge the size of the Supreme Court for short-term political purposes – used to be a dirty word in the history of American jurisprudence. The tradition of a nine-person Supreme Court is now 153 years old. The last attempt to expand it for political gain was President Franklin Roosevelt's failed effort in 1937. FDR's gambit was so blatantly political that even his overwhelming Democratic majority in Congress rebuffed him. Yet now "court packing" is a law school cause celebre. It is hailed as a supposedly quick fix to reverse…

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