Center for American Progress

Conservatives are already packing the courts. Democrats must respond to this power grab.
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Conservatives are already packing the courts. Democrats must respond to this power grab.

Sam Berger explains how conservatives are already packing the courts—and why Democrats must figure out how to respond.

Authors

  • Sam Berger

Supreme Court reform has entered the public debate, with legal luminaries like former Attorney General Eric Holder and constitutional law professor Laurence Tribe supporting adding justices to the Supreme Court, and a number of 2020 presidential candidates expressing openness to the idea.

Regardless of your views on proposals to reform the Supreme Court, there is important context to this discussion that is often missed: Conservatives are already packing the courts. Senate Republicans have been changing the rules and ignoring long-standing practices in order to fill the judiciary with narrow-minded conservative elitists. Their goal is to use the courts to implement conservative policies, regardless of their popular support. The issue we face now is how to respond to this power grab.

The above excerpt was originally published in USA Today. Click here to view the full article.

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Authors

Sam Berger

Vice President, Democracy and Government Reform