'The notion of expanding the Supreme Court has been gaining traction lately, thanks in part to the court's distinct rightward tilt, its increasingly partisan character, and its apparent hostility to abortion rights.' Column by hiltzikm:
If Democrats take the Senate and the White House, repacking the Supreme Court is imperative.
Critics of court expansion assert that it would “politicize” the appointment process and the institution itself, as Griffith and Levi argued in their op-ed. Given actual developments, that sounds like some sort of a gag. Debate over expanding the court tends to be overshadowed by the eight-decade-old precedent of FDR’s 1937 “court packing” scheme, a proposal to add a new justice whenever an existing justice turned 70, up to a maximum of 15.
They were Herbert Hoover, who proposed a constitutional amendment to overturn Tipaldo, and Interior Secretary Harold Ickes, a liberal Republican who had led the “dump Hoover” movement at the 1932 GOP convention and who castigated the court for upholding “the sacred right ... of an immature child or a helpless woman to drive a bargain with a great corporation.”The conservative bloc of that era was not impregnable, however.
“The chief justice had over three months to change a single mind on the conservative flank of the court,”. “He failed to do so.” Instead, he was reduced to grousing in a dissent that “the clear purpose and actual effect of S. B. 8 has been to nullify this Court’s rulings....[I]t is the role of the Supreme Court in our constitutional system that is at stake.
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