Court-Packing Is Unconstitutional | Opinion

The confirmation of Amy Coney Barrett to be the ninth justice on the Supreme Court has intensified calls by Democrats to increase the number of justices on the Supreme Court if Joe Biden wins the presidency. (But, interestingly, not if he doesn’t.) In an interview with “60 Minutes,” Biden characterized the issue as “a live ball,” while Rep. Alexandria Ocasio-Cortez (D-NY) tweeted, “Expand the Court” in the wake of Barrett’s confirmation.

But there is a fatal flaw in Democrats’ plan to “pack” the Court if they win it is plainly unconstitutional.

The Constitution says very little about the judicial branch. Article III, Section 1 states, “The judicial Power of the United States, shall be vested in one supreme Court.” It does not say how many members the Court should have. A person committed to the plain text of the original Constitution might reasonably conclude that the Court can have any number of members. But there is a major problem with this thinking.

via www.newsweek.com