Court Packing Is Not That Extreme
What Next | Daily News and Analysis
Slate Podcasts
4.3 • 2.4K Ratings
🗓️ 20 March 2019
⏱️ 18 minutes
🧾️ Download transcript
Summary
Some of your favorite presidents have tried to pack the Supreme Court. So why does it sound like such an extreme tactic? And why are top Democrats finally embracing it as a way out of the wilderness?
Guest: Mark Joseph Stern, Slate’s legal correspondent.
Podcast production by Mary Wilson, Jayson De Leon, and Anna Martin.
Hosted on Acast. See acast.com/privacy for more information.
Transcript
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| 0:00.0 | Can we count up just like how many people have started talking about changing how many |
| 0:09.9 | justices are on the Supreme Court? |
| 0:11.5 | Because the list is getting longer by the week, right? |
| 0:14.6 | It's getting longer and it's not just cranks anymore. |
| 0:18.2 | Mark Joseph Stern covers the Supreme Court for Slate. |
| 0:23.9 | We have Pete Buttigieg, the presidential candidate, Mayor Pete of South Bend. We have Kirsten Gillibrand. Kamala Harris has floated it. Those are big names. |
| 0:32.7 | Those are not Reditors who are resistance moms freaking out. |
| 0:40.4 | You can hear it in Mark's voice. He's all in for this idea. It's called court packing, adding |
| 0:47.1 | extra seats to the Supreme Court to make sure it is politically balanced. Right now, that |
| 0:51.7 | means more liberal, frankly. |
| 0:57.8 | Okay, Mark, you work in the Supreme Court. Where are we going to put these extra justices? |
| 1:01.4 | Like, are we cleaning out a broom closet in the Supreme Court for them? Where are they going to go? |
| 1:08.9 | I have been thinking about that for so long. And I just don't know because the bench right now is perfectly calibrated for nine justices. |
| 1:12.3 | There's three segments for three justices each. |
| 1:15.7 | So I think you could probably squeeze the justices in and maybe expand it a little bit to get two more on. |
| 1:23.9 | So I think an 11 justice court could be done without any architectural reforms. |
| 1:29.7 | And then we could probably find, like, extra space in a storage closet for the chambers, for the |
| 1:37.0 | junior justices. Or maybe we'd put them off site. We'd, like, put them in a we work or something, |
| 1:42.2 | you know, until they grow in seniority. |
| 1:45.3 | This idea sounds funny, right? Like almost impossible. What does the Constitution say here? |
| 1:51.5 | Right. So the Constitution says nothing about this. The Constitution says that there shall be one |
| 1:57.0 | Supreme Court, but it does not say how many justices are supposed to be on the courts. So |
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