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The Controversial Debate Over Expanding the Supreme Court

 
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President Roosevelt's plan to increase justices sparks heated discussion.

description: a historic black-and-white photo showing a crowded courtroom with judges seated at the bench, symbolizing the weight of decisions made by the supreme court.

On February 5, 1937, President Franklin D. Roosevelt shocked America by introducing a plan to expand the Supreme Court, to gain favorable outcomes for his New Deal programs. He proposed adding one justice for each sitting justice over the age of 70, with a maximum of 15 justices. This move was seen as an attempt to tilt the balance of the Court in his favor, as several of his key New Deal initiatives had been struck down as unconstitutional by the conservative-leaning Court.

Court packing refers to adding members to the US Supreme Court, which currently has nine justices, to alter its political orientation. The idea behind expanding the Court is to ensure that it is more representative of the current societal values and beliefs. Staggered 18-year terms would bring regular turnover to the bench, leading to a better reflection of prevailing public values.

Critics argue that court packing violates longstanding norms of judicial independence, and that expanding the court's size now would exacerbate politicization. They believe that the Supreme Court should remain apolitical and independent of the other branches of government. With lifetime appointments, it's not unusual for Supreme Court justices to serve well past the average U.S. retirement age of 63, making the stakes of Court packing even higher.

What to know about debates over and efforts to expand the court, establish term limits or impose a binding code of ethics on Supreme Court justices. President Biden is preparing to call for term limits and an enforceable ethics code for US Supreme Court justices in what would be sweeping changes to the high court. President Joe Biden announced the formation of a commission last week to study the court's structure, including the number of justices and potential term limits.

This report outlines the current problems in the federal judiciary and then discusses two types of structural reform: changing the composition and authority of the Supreme Court. The ongoing debate over expanding the Court continues to be a contentious issue, with arguments on both sides about the potential consequences and benefits of such a move. It remains to be seen how the Biden administration will navigate this complex and divisive issue in the coming months.

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