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Increasing the number of justices. i think justice scalia's son was on television saying he's not supportive of it, but i think he said maybe it's an argument worth taking seriously. >> you know, it's in congress's power to increase the number of seats on the supreme court. the last time congress acted was in 1869 when it set the number at the nine justices we have now, but once upon a time it was as low as five seats, and once upon a time it was as high as ten, but the one you're probably remembering most, the one attempt to change the number was back in the roosevelt era when he was so angry...

Unpack this case, it's really a prime case study of the kind of considerations that go on. >> that's fascinating. >> that have to do with the atmosphere at the time, the court's institutional reputation, and perhaps the chief justice's reputation. lots of cross currents going on. >> it's not so black and white that it's just he's calling balls and strikes. >> absolutely. >> so many candidates now are talking about this idea of increasing the number of justices. i think justice scalia's son was on television saying he's not supportive of it, but i think he said maybe it's an argument worth taki...

Like a secret list he is sharing with america. >> and he is spending time with him. >> and you just interviewed him. you said you weren't expecting to like him. you think he is a formittable candidate. >> i thought who is this? i'll run with 20 other people. why is he running for president and what is his background? it looks too perfect. he is a very impressive guy. has a vision for a future. >> i was going add, i was for mayor two years ago. i'm not endorsing anyone but i would say he is he jit plat. there's not a gap. people should watch him. >> and figure out how to announce his last name....

Don't, have no clue but new zealand is a very small country, 4.5 million people live there. it is half the size of new york city. removing guns from that country is different. removing it from a country the size of the united states would be different. >> we will see what happens. speaking of inalienable rights. the son of antonin scalia is talking about expanding the supreme court which a lot of democratic candidates are talking about. he says it is worth argument or taking seriously. >> the constitution does not say there needs to be 9 justices, there haven't always been 9 justices. theoreti...

Scalia saying it should be considered. >> the constitution does not say there needs to be nine justices and there haven't always been nine justices. theoretically, that's something that could happen. and that's maybe an argument worth taking seriously. >> what do you make of this, mary katharine, that justice scalia's son is supporting this idea of expanding? >> i think his is more of a cerebral discussion versus a political pitch. as a political pitch, it could be dangerous for democrats. a, be careful what you wish for. other people might go geez, maybe we should do that first before you do ...