FDR tried to pack the Court. He wanted to add new members. He lost that battle.
Some Democrats, looking forward to victories in 2020, want a new Democratic President to pack the Court. Not a winning strategy. Fix the Court..
There are too many 5-4 decisions. 5-4 decisions about issues crucial to the country. 5-4 decisions frought with partisan distress, anger, fury. The Court should not fuel our partisan differences.
Remedy the appointment of Neil Gorsuch.
Republicans, led by Mitch McConnell prevented President Obama’s nominee to the Supreme Court from being considered. The new Democratic President should propose a tenth seat on the US Supreme Court. To the new Democratic House and Senate. He or she should nominate Merrick Garland to the tenth seat.
But ten is an even number.
A ten person court that includes Merrick Garland will not make radical departures from current understandings of the law. 5-5 decisions may happen. Within the Court, there will be pressure to create 6-4 or 7-3 decisions. The decisions will be cautious, will create gradual change, could be acceptable to most of the country. The new Court could create a new consensus in the country. We need that.