Pushed by grassroots activists, President Joe Biden has created a Supreme Court commission that will examine “reform” ideas such as Court-packing. In the meantime, members of Congress have introduced legislation to increase the Court from nine to thirteen. This is the first attempt to change the basic structure of the Court since President Franklin Roosevelt failed to do it in 1937. The purpose of court-packing and the damage it would do to the judiciary, remain the same. Unlike the 1930s, however, achieving this result through legislation today would require changing the Senate’s legislative process for the first time in more than 200 years.

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