The Atlantic

The Reckless Race to Confirm Amy Coney Barrett Justifies Court Packing

We used to reject court packing as a dangerous game. Now we believe it may be the best way to restore the Court’s legitimacy.
Source: Bettmann / Drew Angerer / Getty / The Atlantic

Updated at 3:50 p.m. ET on October 4, 2020.

Barely a week after the death of Ruth Bader Ginsburg, before the late justice had even been buried, President Donald Trump hosted a Rose Garden ceremony to formally announce his nomination of Amy Coney Barrett to fill the open seat on the Supreme Court. A week later, it appears that the inauspicious ceremony may have been at the center of the coronavirus outbreak now plaguing the White House and the Senate. Yet even with the president hospitalized and three Republican senators infected with the virus, the Republican Party is barreling ahead with its effort to install Barrett mere weeks before Election Day. The reckless rush to vote is an indication of the desperate and corrosive power grab at play, one that places the future of the Court at risk. If Republicans succeed, and Democrats win the Senate and the White House in November, Democrats must add seats for additional justices—not as a means of political one-upmanship, but, paradoxically, to save the Court.

For the past few years, court packing has largely been a fringe idea, promulgated by leftist scholars and activists infuriated by Senate Majority Leader Mitch McConnell’s refusal to hold Supreme Court confirmation hearings for Merrick

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