LETTER: On packing the U.S. Supreme Court

Victor Smolensky Reno

4 years ago

Officials stand on the Supreme Court steps on Capitol Hill in Washington, Tuesday, Sept. 22, 20 ... — Officials stand on the Supreme Court steps on Capitol Hill in Washington, Tuesday, Sept. 22, 2020, as preparations take place for a private ceremony and public viewing in remembrance of Justice Ruth Bader Ginsburg. (AP Photo/Patrick Semansky)

Discussions about “packing” the Supreme Court have recently been featured in the media and on the internet. Let’s see how this fits into the workings of our government, historically.

The court was established in 1789 with a six-justice membership. The membership went to seven in 1807 and nine by 1837. The number of justices rose to 10 during the Civil War (1863). The court has been subject to manipulation in the past, both in reductions (post Civil War) and through the famous court-packing objectives of FDR in the 1930’s.

So there is no magic to the number nine other than it is an odd integer, thus making a tie impossible. I support the movement to expand and pack the Supreme Court with two additional justices just as soon as Donald Trump is re-elected. He should do so with dispatch.