No bad idea is ever truly dead. The latest to rise from the crypt is Court-packing: expanding the size of the Supreme Court to pack it with justices who can outvote the current majority. Progressive activist groups — including one, bluntly titled “Pack the Court,” that boasts it will spend millions in 2020 — have formed to push the idea. Prominently on board are Hillary Clinton’s former press secretary and Harvard law professors Laurence Tribe and Mark Tushnet. Democratic presidential contenders noticed. Pete Buttigieg first attracted national attention when he pushed Court-packing, and he has since rolled out a complex …
This article appears as “The Court-Packing Peril” in the June 24, 2019, print edition of National Review.