What is Court Packing?

Quinn Luce
Democrats are weighing new options to combat the induction of Amy Barrett.

Democrats are weighing their options to combat a 6-3 conservative majority in the Supreme court. The possibility of Court Packing was introduced shortly after the late passing of Ruth Bader Ginsburg. Court-packing is the act of adding justices to courts. It is completely legal for a president to add members to the Supreme Court; it is simply a question of precedent and desirability. 

The New York House Representative, Alexandria Ocasio-Cortez stated, “we should leave all options on the table, including the number of justices that are on the Supreme Court.”

There is precedent for court-packing. The size of the Supreme Court varied throughout the early history of The United States, but it was finally leveled to nine justices by Ulysses S. Grant in 1869, and it hasn’t changed since. 

Today, Democrats view court-packing as an option to check the executive branch to prevent unfair political majorities in the Supreme Court. The possibility of court packing was brought up after Amy Coney Barrett’s nomination so close to the 2020 presidential election after Obama was rejected a pick in seven months before the 2016 election. 

After Joe Biden’s win, a court-packing strategy is not guaranteed, as his stance on the issue has been unclear, and what little he has said has been in opposition to packing the court. Biden went on record to a local news station in Cincinnati saying, “I’m not a fan of court packing, but I don’t want to get off on that whole issue. I want to keep focused.”

Democrats are running out of options when it comes to the Supreme Court. A majority in the Supreme Court seems like their only hope for a Democratic majority.
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