What was packing the courts

Former Vice-President Biden and running mate Kamala Harris have so far refused to say if they would support packing the court should Democrats win the presidential election, win the Senate and keep the House. Both Biden and Harris were asked about it in debates, and both refused to answer the question. What do Republicans say about it? Vice President Mike Pence pressed Harris about her support for packing the court. She did not give an answer.

Jim Jordan, R-Ohio, submitted a resolution to Congress recently that would limit the court to nine justices. The number of justices on the Supreme Court went up and down in the mids, at one time reaching 10 members. Congress would not allow the number of justices to be increased, and Roosevelt was criticized for trying to undermine the independence of the Court. The law was never enacted by Congress. According to a recent article in the Washington Post, the idea is back in the political foreground as some Democrats, frustrated that the Supreme Court could get even more conservative in the coming months, push presidential nominee Joe Biden to consider it if he wins the White House and Democrats take back the Senate majority, receiving complaints from the Republicans painting the picture as sour grapes.

Each party, wanting to keep the majority in the interest of their own party. The Constitution says nothing about how many justices there must be on the Supreme Court, and over time, the number has fluctuated. The court started out with six justices, expanded to seven and has gone as high as Congress set the Supreme Court to be nine justices in , but if a president and Congress agree, they could change the law to expand the court or shrink it.

The argument that most have in adding more justices to the court - In doing so, would change the political makeup of the court and influence its decisions. Congress and the president might decide that the court majority is too far out of line with their understanding of the Constitution and the law or public opinion, and then add seats and fill the court with justices who think more like them in the hope of rebalancing the scales to dilute the votes. Biden has avoided talking about it — both he and vice presidential nominee Kamala D.

Harris have avoided responding to direct questions in their respective debates, about whether they would support packing the courts. See more words from the same year. Accessed 11 Nov. Subscribe to America's largest dictionary and get thousands more definitions and advanced search—ad free! Log in Sign Up. Save Word. Definition of pack the court. Packing the court is legal … — Adam Ramer The Supreme Court has had nine justices for more than years, but the Constitution does not require nine.

Congress sets that number. Thank you to Joshua Braver for his help. Our mission has never been more vital than it is in this moment: to empower through understanding. Financial contributions from our readers are a critical part of supporting our resource-intensive work and help us keep our journalism free for all.

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In , the Jeffersonian-dominated Congress expanded the Court to seven members, to accommodate a new judicial circuit covering Kentucky, Tennessee, and Ohio, then new additions to the Union. In , as pro-Reconstruction Republicans in Congress did battle with President Andrew Johnson, Congress passed a law barring Johnson from filling vacancies until the Court shrank to eight members, which occurred the following year.

In , with pro-Reconstruction President Ulysses S. In , Argentine President Carlos Menem, fearing Supreme Court opposition to his privatization schemes, expanded the court from five to nine members and packed it with sympathetic judges. These moves, together, resulted in 11 out of 15 judges being Fidesz loyalists.

In the wake of massive public opposition, the president vetoed the legislation , only to accept a very similar bill months later. A norm-busting tool to preserve democracy? Next Up In Explainers. Delivered Fridays. Thanks for signing up! Check your inbox for a welcome email. Email required. By signing up, you agree to our Privacy Notice and European users agree to the data transfer policy.

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