From WSJopinion: Even if the commission gently advises against court-packing, it has given an assault on a constitutional norm undeserved legitimacy
The Supreme Court is seen in Washington, Monday, Oct. 18, 2021. The Biden administration is asking the high court to block the Texas law banning most abortions, while the fight over the measure's constitutionality plays out in the courts. The law has been in effect since September. An early sign that President Biden would follow rather than lead his party was his refusal to repudiate “court-packing” in the 2020 campaign.
“In some countries, alterations of the size of a country’s high court has been a worrying sign of democratic backsliding,” it notes, giving examples of Venezuela and Turkey. “Stable democracies since the mid-twentieth century,” it says, “have not tended to make such moves.” Much of this campaign is aimed at influencing the final draft. Progressive commissioner Nancy Gertner, a retired district judge, said at Friday’s meeting that she doesn’t think “the current draft adequately reflects” the “differences of opinion” on the commission.
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