From California Law Review:

By, in effect, proposing to determine legal outcomes by changing the judge, court packing is thus scandalous to many, blatantly “politiciz[ing]” a branch whose role is to identify law.67

67 Walter Shapiro, The Case Against Court-Packing, Brennan Center for Justice (June 24, 2019), https://www.brennancenter.org/our-work/analysis-opinion/case-against-court-packing; Shoshana Weissmann & Anthony Marcum, Packing the Supreme Court Won’t Work. Confirmation Hearings Are Already Highly Politicized., U.S.A. TODAY (Apr. 4, 2019), https://www.usatoday.com/story/opinion/2019/04/04/packing-supreme-court-wouldfurther-politicize-column/3339783002/(arguing that court packing would “only subject nominees to a further politicized process lacking focus on what matters: How they see law”).

Featured Publications