Don’t Pack the Supreme Court. Fix It.
Democrats should seek a long-term compromise, not escalate the constitutional hardball.
No need to get crazy.
Photographer: Alex Wong/Getty
At the New York Times, Jamelle Bouie argues that Democrats, if they win the presidency and congressional majorities, should add a couple of justices to the Supreme Court and expand other federal courts as well.
I’d rather they not. Yes, Democrats can make a pretty good case that a seat was “stolen” when Senate Republicans refused to consider any nominee from President Barack Obama in 2016 (and no, there was no real precedent for that). If Republicans want to play constitutional hardball – trampling over norms and exploiting loopholes whenever they have the votes to do so – then there’s a strong argument that Democrats have little choice but to do the same. And while both parties have ratcheted up the judicial-nomination wars, it’s pretty clear that the Republicans are most to blame.