One constant factor may be the Supreme Court’s susceptibility to political threats. It is not inconceivable that a supposed institutionalist like Chief Justice John Roberts would feel that sort of pressure. Court-packing thus remains a danger currently supported by at least four Democrats running for president: Kamala Harris, Elizabeth Warren, Pete Buttigieg, and Beto O’Rourke. Kirsten Gillibrand is thinking about it.
Accordingly, a constitutional amendment fixing the court at nine justices, advocated by Rep. Mark Green and Sen. Marco Rubio, is a worthy proposal, even if one is leery of using amendments to solve all of life’s problems. It will probably die in the Democrat-controlled House. But in the Senate, the proposal would allow the debate to be framed on terms favorable to those who believe in an independent judiciary and constraints on the tyranny of the mob.
Court-packing has no logical stopping point. Whatever gripes people may have with the current Supreme Court, it beats converting the institution into the Imperial Senate.
