Republicans say court packing is 'unconstitutional.' They're wrong.
Republicans say court packing is 'unconstitutional.' They're wrong. The argument that court expansion is unconstitutional is weak, transparently political — and most importantly, wrong. The Supreme Court justices pose for a group photo in Washington on April 23.Erin Schaff / Pool via AFP - Getty Images file May 1, 2021, 11:30 AM UTC There’s a seat on the U.S. Supreme Court that’s been vacant since Justice James Moore Wayne died on July 5, 1867. Can President Joe Biden nominate someone — Merrick Garland, perhaps — to fill it? Do Democratic appointees already have a 3-2 majority on th...