Is it time for Democrats to openly talk about court-packing or something similarly radical-sounding?
Mitch McConnell’s bluntly partisan denial of so much as a hearing to Merrick Garland arguably broke the whole system. Photo: Alex Wong/Getty Images American-history classes often treat FDR’s 1937 “court-packing” scheme — a proposal to expand the size of the Supreme Court by adding as many as six justices — as a classic example of presidential overreach, which led to a widespread backlash even among Democrats and represented a high-water mark for New Deal audacity, subsequently curtailed.
Trump’s Supreme Court appointments are mired in controversy. Justice Neil Gorsuch occupies a stolen seat, held open during Obama’s tenure by a blockade conducted for nearly a year by McConnell, who cited a previously nonexistent “tradition” of tabling nominations made in an election year. . And of course Justice Brett Kavanaugh was confirmed last September under clouds of suspicion that stemmed from accusations of sexual assault and sexual misconduct to a bevy of ethics complaints.
So is it time for Democrats to openly talk about court-packing or something similarly radical-sounding? Bouie thinks so, and seven Democratic presidential candidates have told the Washington Post they are “open” to the idea. Only Buttigieg has released a specific proposal .
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