The liberal case against packing the Court

This leads to the second, more imminent problem with court packing: It's not clear that American voters share Democrats' sense of grievance. Though a commonplace notion among progressives, it might be wise to be skeptical of any proclamations that the court has lost legitimacy. Gallup polling over the last 20 years shows the Supreme Court's popularity has ebbed and flowed — but generally, more Americans have approved than disapproved of the job justices are doing. Another poll indicated that Republican support for the court dropped drastically in December, when justices refused to take up Texas' lawsuit challenging Joe Biden's presidential victory. Even then, in the wake of Barrett's confirmation, 43 percent of Americans approved of the Supreme Court's performance — while just 35 percent disapproved. That admittedly is not the widest of margins, but it's not all that bad in our era of political polarization. In most polls, the Supreme Court is usually more popular than the White House or Congress. The public, it seems, is not crying out for reform. Nor is the Democratic Party in lockstep agreement. In addition to Biden's caution on the issue, Sen. Joe Manchin (D-W.Va.) has declared himself against court packing — which means Senate approval in the 50-50 chamber would be tough to achieve. (And don't forget that Republicans would certainly filibuster any bill adding seats to the court.) Even Justice Stephen Breyer, one of the court's last remaining liberal justices, last week announced his opposition to the idea.
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