What is Court Packing?

Since 1869 there have been nine judges on the US Supreme Court.

But since the death of Justice Ginsburg there’s been a lot of talk about court packing.

Court packing, or the idea of expanding the number of justices on the Supreme court, was originally pushed by Democrat President Franklin Roosevelt, who wanted to add justices who would support his New Deal policies in the 1930s.

Roosevelt’s legislation was unpopular and didn’t pass, but current Democratic leaders in Congress have renewed the idea of increasing the number of justices on the court as a response to a number of conservative appointments by President Trump. The assumption is that they would only pursue expansion if Joe Biden wins the Presidency.

Opponents of the idea claim that court packing is a naked attempt to negate the influence of the current court justices and provide a new Democrat Administration an unfair, one-time chance to “stack the deck” with multiple appointments. And turn the independent Judiciary Branch of our government into a creature of the Executive Branch. A tool of the Executive Branch.

And that’s why Justice Ginsburg was opposed to court packing. Saying in 2019, “I have heard that there are some people on the Democratic side who would like to increase the number of judges,” she said. “I think that was a bad idea when President Franklin Delano Roosevelt tried to pack the court.”