While President Biden has created a commission to study Supreme Court reforms, it turns out late liberal justice Ginsburg has made statements opposing “court packing.”
In addition, appearing at an event for Harvard Law School students and alumni current liberal Supreme Court Justice Stephen Breyer also warned that court packing could harm the rule of law in the U.S.
Breyer said “proposals have been recently made to increase the number of Supreme Court justices. I’m sure that others will discuss related political arguments.”
“This lecture reflects my own effort to be certain that those who are going to debate these questions,” he continued “also consider an important institutional point. Consider it. Namely, how would court packing reflect and affect the rule of law itself?”
Breyer said that he aimed “to make those whose initial instincts may favor important structural change, or other similar institutional changes, such as forms of court packing, think long and hard before they embody those changes in law.”