Well, asks law professor Ian Samuels writing for the London Guardian, do you have a better idea than court packing for countering the hard right majority on the Supreme Court? Samuels’ idea is simple: whenever Democrats regain control of Congress, and we will at some point, add additional justices to the Supreme Court to counter the antediluvian bunch now there for life.
Samuels anticipates most of the counter- arguments. Politicizing the Court? Already done. Republicans will retaliate and simply add more justices ad infinitum? We wouldn’t be any worse off than we are now. Destroying the Court’s legitimacy? Um, I think having two justices credibly accused of sexual harassment/assault already does that.
I like Samuels’ idea. I’m all for thinking creatively about how to counter the travesty of democracy that is going on in Washington right now. Rather than sit back and absorb defeat, I like plausible ideas of how to fight back. I think Court packing sounds like a great idea.