If Biden wins, we may see court-packing if the Democrats take over the Senate and court-draining if the Republicans keep it.
My apologies— I have been informed that I should use the term “court improvement” instead of “court-packing,” and “exercising the constitutional advice and consent function” instead of “court-draining.” Duly noted.
(Seriously, though, I thought the standard term for expanding the size of the Court to change its ideological direction was “court-packing.” Isn’t that the usual label for FDR’s court-packing plan?)
Or is the idea that some want a more favorable label because calling court-packing court-packing sounds like it’s maybe not such a good idea? (FDR called it “judicial procedures reform,” as I recall.)
Feedback suggests that, yes, some folks decided that a quick rebranding was needed to help the cause along. (What we have traditionally called court-packing is now deemed court-unpacking, if I follow the new rules correctly.)
You can follow @OrinKerr.
Tip: mention @twtextapp on a Twitter thread with the keyword “unroll” to get a link to it.

Latest Threads Unrolled: