Friday, November 22, 2019

What if the Supreme Court expanded the number of its Justices?


With 2019 coming to a close, the democratic presidential candidate race has been intensifying. One topic of debate, brought up by Pete Buttigieg, is that the Supreme Court should be reorganized and/or expand the number of justices[1] to further cultivate an apolitical court climate. This proposal, although breaking a longstanding norm, would be constitutional. Due to the abstractness nature of the US constitution, the number of justices has varied since the inception of the US in 1776. Though having 9 justices has been the longest-lasting norm with the ratification of The Judiciary Act of 1869, there were periods where there were as few as 5 justices and as many as 10.

Buttigieg’s proposal is not original, in 1937 President Roosevelt propositioned the idea of 15 justices. Though Roosevelt’s intention was self-serving to appoint justices that would support his New Deal programs and legislation, the proposal did bring up a different lens to view the court through. This legislative proposal intentioned to add a justice every time a justice that hit the age of 70 years and 6 months did not retire. This unapproved proposal was nicknamed the “court-packing plan”. While Roosevelt’s implicit reason to expand the Supreme Court to stack the court in the executive branch’s favor, the 165-day discussion surrounding the bill in a Senate committee further solidified the courts’ importance to stay apolitical.

Why would Buttigieg feel as though adding more justices is a necessity? He feels that if the power of appointment was granted to current Supreme Court justices, in his proposed scenario there would be 5 justices with this power, it would help the court stay apolitical and would further the courts’ superior breadth of knowledge.

Nevertheless, this topic is speculative since Buttigieg just a candidate and the Democratic Nominee has not been selected, it is important to discuss what could come with an expanded Supreme Court. The most important question is, what is the saturation point of the Supreme Court? It needs to be determined if the saturation point of the Justices’ decision making has been reached. If so, then the expansion would not change the outcome of cases. While Supreme Justice level expansion is a hot topic, if the outcome would not be altered then the expansion would not be necessary. Once the saturation point is determined through research then it would make more sense to discuss at that time.

[1] Currently the expansion idea, which Mayor Buttigieg has not fully committed to, would be increasing the number of justices from nine to fifteen. https://www.vox.com/2019/10/30/20930662/pete-buttigieg-court-packing-anthony-kennedy-citizens-united


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