Republicans say court packing is unconstitutional. They re wrong.
The argument that court expansion is unconstitutional is weak, transparently political and most importantly, wrong.
The Supreme Court justices pose for a group photo in Washington on April 23.Erin Schaff / Pool via AFP - Getty Images file
May 1, 2021, 11:30 AM UTC
There’s a seat on the U.S. Supreme Court that’s been vacant since Justice James Moore Wayne died on July 5, 1867. Can President Joe Biden nominate someone Merrick Garland, perhaps to fill it? Do Democratic appointees already have a 3-2 majority on the court because four justices appointed by Republican presidents (Justices Clarence Thomas, Samuel Alito, Neil Gorsuch and Amy Coney Barrett) hold seats that Congress lacked the power to create in the first place?
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