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US Supreme Court-packing unlikely

Monday, March 25, 2019

Significance

Rubio's move comes as several candidates for the Democratic Party's 2020 presidential nomination are discussing 'packing' the Supreme Court -- adding justices intended to nullify the perceived long-term conservative bias of the Court following Trump-era appointments.

Impacts

  • A constitutional change to limit the Supreme Court to nine justices is unlikely: amendments are purposely hard.
  • Court-packing would not guarantee 'Democratic' or 'Republican' rulings: much depends on the case and how justices feel.
  • Packing the courts would likely increase their politicisation, and potentially slow their deliberative capacity.
  • If Trump wins a second term and Republicans keep the Senate, they will appoint further conservative justices.
  • If the Democrats win the White House and Senate in 2020, they might 'pack' the lower courts.

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