“Court packing,” the idea of increasing the number of justices on the U.S. Supreme Court, has dominated the headlines. If the Democrats capture the presidency, as expected, and gain control of the Senate, should they increase the number of justices above the current nine? Or would that simply make the highest court look even more partisan and invite inevitable retaliation when the Republicans next gained control over the levers of power?

Democrats have cried foul that the Republicans denied even a hearing on President Barack Obama’s nominee to the court during Obama’s last year in office, yet the Republicans pushed though the confirmation of Judge Amy Coney Barrett, only days before Election Day. Some within the Democratic Party are now advocating an increase in the number of justices on the court. Democratic President-elect Joe Biden has said in the past that he was against increasing the number of justices because it would cause the court to lose credibility and invite later retaliation by the opposing political party. In the weeks leading up to the election, Biden first refused to take a position, but he now says he would not rule out expanding the court if it is recommended as part of a package of court reforms by a bi-partisan commission that he will appoint if he is elected president.

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