That’s the title of my short essay that makes the case for bipartisan support of a constitutional amendment that would set the number of Supreme Court justices at nine. Here are my opening and closing paragraphs:
In our intensely polarized politics, each side expects the other side to escalate the conflict, and each therefore has an excuse to escalate first. It’s good to find a sensible opportunity to de-escalate….
By barring Court-packing, progressives wouldn’t be giving up their efforts to establish a liberal majority on the Court. On the contrary. By jettisoning an unpopular option and embracing the constitutional norm of nine justices, they would enhance their prospects of transforming the Court the old-fashioned way: by winning presidential elections and by securing a Senate majority.
My essay is part of the NYU Law Democracy Project’s “100 Ideas in 100 Days” series. I’m grateful to have been invited to be one of the many contributors to this series from across the ideological spectrum.