Losing the People? Then Change the Rules

Court-packing – the attempt to enlarge the size of the Supreme Court for short-term political purposes – used to be a dirty word in the history of American jurisprudence.

The tradition of a nine-person Supreme Court is now 153 years old. The last attempt to expand it for political gain was President Franklin Roosevelt’s failed effort in 1937. FDR’s gambit was so blatantly political that even his overwhelming Democratic majority in Congress rebuffed him.

Yet now “court packing” is a law school cause celebre. It is hailed as a supposedly quick fix to reverse the current 5-4 conservative majority.

Recently, a rough draft of an opinion purportedly overturning the Roe v. Wade decision that had legalized abortion in all 50 states was leaked to the media by someone inside the court.

That insider leak of a draft opinion was a first in the modern history of the Supreme Court. It violated all court protocols. Yet it was met with stunning approval from the American Left.

The leaker either intended to create a preemptive public backlash against the purported court majority in the hope that one or two justices might cave and switch under pressure – or to gin up the progressive base to

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