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Don't Pack the Court | Cato Institute


When Ruth Bader Ginsburg died in September, Democratic Senate Leader Chuck Schumer warned that “nothing is off the table” if Republicans filled her seat before Inauguration Day. Thus, when Amy Coney Barrett was sworn in little more than a month later, the drumbeats resumed for court packing: adding seats to “rebalance” the court. Although presidents had always made nominations to Supreme Court vacancies arising in election years, and their success hinged almost entirely on whether their party controlled the Senate, there had never been a confirmation so close to an election. And this one came four years after Republicans had declined to take up Merrick Garland’s nomination to the opening left by Antonin Scalia’s death, allowing President Donald Trump to appoint Neil Gorsuch. ....

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