For those who say expansion would politicize the court, remember that the court has already been politicized. Consider how we got here: Senate Republicans in 2016 refused to fulfill their constitutional duties to render advice and consent on Obama's nominee on the grounds that voters should have a say, and then rushed to install Justice Amy Coney Barrett in 2020 even after early voting for a new president was underway. Court expansion would be simply be a corrective action to return it to its pre-MAGA incarnation.
And for those who caution that Republicans, should they regain full control of Congress, could retaliate and expand the court further: This is a reasonable concern, but as Brian Fallon, co-founder and executive director of the progressive group Demand Justice, tells me, if that happens "we're no worse off than we are now."…
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