Justice Kennedy's retirement has prompted a chorus of cries by Democrats to resuscitate a seemingly unlikely idea: “packing” the Supreme Court.
For would-be packers, expanding the court from nine to 11 justices, if and when the Democrats take back executive and legislative power, provides the only opportunity to regain a liberal majority on the court. A packing approach, in proponents' view, is justified by the need to “fight dirty” in exigent times. The equally vociferous refrain of anti-packers worries about protecting the integrity of court: It's not worth compromising the institution, they say, for a temporary policy result.
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