The Atlantic

Reform the Court, but Don’t Pack It

The goal shouldn’t be to make the Court less ideological, but to make it less powerful.
Source: Getty / The Atlantic

Progressives are taking the idea of reforming the Supreme Court seriously. Late last month, Democrats revealed they are planning an election platform that calls for “structural court reforms.” And no wonder—Democrats are unhappy with the Republican capture of the judiciary: Donald Trump has stocked the federal bench with conservative judges and, at the very top, all but guaranteed a clear conservative majority on the Supreme Court for decades to come—a severe threat to any progressive legislation in the foreseeable future.

Democrats are reportedly being noncommittal about precisely how to proceed. According to one campaign official suggested that the platform language serves more as a values statement, not an indicator of specific changes or proposals. At this point, a vague statement is probably a good thing. For one, it indicates that enough Democrats saw through Chief Justice John Roberts’s strategic late in this year’s term to sap energy—Democrats have barely begun to discuss what kind of reform makes most sense.

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