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Matter of Opinion

Does the Supreme Court Need More Justices?

Matter of Opinion

New York Times Opinion

Society & Culture, Ross Douthat, News, New York Times, Journalism

4.27.2K Ratings

🗓️ 19 January 2022

⏱️ 42 minutes

🧾️ Download transcript

Summary

2022 is a big year for supporters of Supreme Court reform. Roe v. Wade, the landmark case that gave women nationwide the right to have abortions, might be overturned, and the debate around changing the way we structure the bench — in particular, packing the court — is getting only more heated. The past decade has brought a shift in the makeup of the court — from Brett Kavanaugh, appointed despite sexual assault allegations, to Merrick Garland, blocked from confirmation, and Amy Coney Barrett, rushed to confirmation. It’s the culmination of decades of effort by Republicans to make the courts more conservative. And now Democrats want to push back by introducing some radical changes. Today, Jane Coaston brings together two guests who disagree on whether altering Supreme Court practices is the right call and, if yes, what kind of changes would make sense for the highest judicial body in the nation. Russ Feingold is the president of the American Constitution Society and was a Democratic senator from Wisconsin from 1993 to 2011. And Russ Miller is an attorney and law professor at Washington and Lee and the head of the Max Planck Law Network in Germany.

Transcript

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0:00.0

Today on the argument, is it time to reform the Supreme Court?

0:09.2

Ever since Senate Republicans blocked Mayor Garland's Supreme Court nomination in 2016,

0:14.0

there has been a lot of conversation about whether the nation's highest court is becoming

0:17.8

two partisan in favor of conservatives, or even what that would mean for the court to become

0:23.0

two partisan. Right now, the court's approval rating is sitting at a two-decade low. Granted,

0:28.6

I'm not sure how much I want the Supreme Court of the United States to be thinking about

0:31.9

their polling, because what would they do about it? And with big cases in front of the

0:38.4

justices right now, like the one that would overturn Roe vs. Wade, a lot of liberals are

0:43.7

asking if the time has come to take more drastic steps to rebalance the Supreme Court. Even

0:48.7

President Biden is waiting into the court reform waters. Last year, he formed a bipartisan

0:53.2

commission to take a look at some of the proposals, like Court expansion, also known as court

0:58.1

packing. You might remember that from APU's history. Or setting term limits so the justices

1:04.0

don't stay on the bench forever, or requiring the justices to abide by ethics rules, because

1:09.0

fun fact, right now they don't have any. But the big question for that commission, and

1:14.1

for me, then for a lot of people, is once you start reforming the Supreme Court, where

1:19.0

do you stop? I'm Jane Kostin, and honestly, I don't have a strong opinion on whether

1:26.8

Major Court reform is a good idea or not. So I want my guests today to try and convince

1:31.1

me. They come down on very different sides of this question. But there's one big and

1:36.8

possibly confusing thing they do agree on. Very enjoyable that both of us are named

1:42.8

Russ, even though we take different views. That was actually something I wanted to clear

1:48.6

up. How do you want me to differentiate between the two of you? Is it okay if I just call

1:52.7

you your full names each time? Sure, yeah, that would be fine.

...

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