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Jonathan Bernstein

Why Democrats Won’t Pack the Court in 2021

Even if they take back the White House and Congress, they are unlikely to try to expand the number of justices. Or at least not until the court tries to dismantle the New Deal.

This model can be changed. 

This model can be changed. 

Photo: Universal History Archive/UIG via Getty Images

Democrats are already talking about the possibility of playing some serious constitutional hardball if they win back the White House and achieve House and Senate majorities in the 2020 election. The utmost example of this would be to expand the size of the Supreme Court and add liberal justices. 

Don’t count on it happening. At least, not at first.