The case for locking the Supreme Court at nine
When some politicians are inconvenienced by the Constitution, they may seek to change the court that interprets it. Packing the Supreme Court was once agreed to be a radical measure, one that threatens the sanctity of the institution as a politically impartial branch.
TL;DR
- Packing the Supreme Court is seen as a radical measure that threatens the institution's political impartiality.
- Democrats have proposed increasing the number of justices to 13 in 2021 and 2023.
- The House Judiciary Committee passed a resolution for a constitutional amendment to fix the number of justices at nine.
- Politicizing the court would allow politicians to dismiss unfavorable rulings and lead to lawless defiance.
- A cycle of retaliatory expansions could occur with each new congressional majority.
- President Franklin D. Roosevelt's 1936 attempt to expand the court faced bipartisan opposition and failed.
- Hugo Chavez expanded Venezuela's Supreme Tribunal of Justice, turning it into a legislative body and a tool for regime consolidation.
- Enshrining a nine-justice court is crucial for judicial independence and the Supreme Court's role as a check against government abuse.