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Six months ago, the idea of expanding the size of the U.S. Supreme Court was side-stepped by presidential candidate Joe Biden
, and the issue seemed to wane. But now, “court packing” has surfaced once again and in two forms. The first is an executive order from President Biden creating a commission to study possible reforms of the court. The second is legislation proposed by progressive Democrats to increase the court’s size by four new justices.
The first question to be considered is this: Can the United States Congress constitutionally change the size of the Supreme Court? The answer is yes. It has done so several times in the remote past. For 152 years, however, i.e., since 1869, the Supreme Court has remained at nine justices.
By John A. Sparks
Six months ago, the idea of expanding the size of the U.S. Supreme Court was side-stepped by presidential candidate Joe Biden, and the issue seemed to wane. But now, âcourt packingâ has surfaced once again â and in two forms. The first is an executive order from President Biden creating a commission to study possible reforms of the Supreme Court. The second is legislation proposed by progressive Democrats to increase the courtâs size by four new justices.
The first question to be considered is this: Can the United States Congress constitutionally change the size of the Supreme Court? The answer is yes. It has done so several times in the remote past. For 152 years, however, i.e., since 1869, the Supreme Court has remained at nine justices.
Lessons from India on the issue of Supreme Court justice term limits thehill.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from thehill.com Daily Mail and Mail on Sunday newspapers.
Illustration by Barry Blitt.
When President Joe Biden finally took the oath of office on January 20, he inherited not merely the White House, the nuclear codes, and the reins to the most powerful government on earth, but also a mess.1
The fact of that mess wasn’t altogether unusual. It’s become something of a trend in recent decades for Republicans, who don’t think government can work, to spend their years in power breaking it in order to fulfill their own prophecy; it then falls to Democrats to spend their years in power fixing what Republicans destroyed.2
But Biden’s mess is somewhat bigger than the messes inherited by his Democratic predecessors, Barack Obama and Bill Clinton, after other disastrous Republican administrations. The enhanced difficulty stems in part from the Covid-19 pandemic and the multiple crises it has spawned, from the enduring spread of the virus to the near-collapse of the economy. But those are fires that the Biden administration, alongside D