The Wild Card That Could Put Court Packing Back on the Table
If five conservative justices overturn Roe v. Wade, Biden and Democratic leaders might not have a choice but to support increasing the size of the court.
Talk about a gender gap.
Photographer: Joshua Roberts/Getty Images
It should be no surprise to anyone that the Biden administration’s commission on Supreme Court reform seems poised to offer recommendations that will not endorse packing the court. After all, the commission was born of Joe Biden’s desire during the presidential campaign not to commit himself to adding new justices. It was populated with distinguished legal scholars and members of the bar, most of whom share a meaningful commitment to the preservation of our legal institutions.
But it doesn’t follow that court packing is permanently off the table. That’s because of the wild card introduced by the Mississippi antiabortion law that the Supreme Court will consider this fall and decide next spring.