The Supreme Court of the United States is one of the three branches of government endowed by the Constitution. As you probably know, the Court has been incredibly influential in cases such as Brown v. Board of Education and Roe v. Wade. Through its rulings, the Supreme Court continues to shape the future of our country.
Recently, one of the most influential liberal justices, Ruth Bader Ginsburg, died. Politics waits for no one, and the process has begun to appoint her successor. Republicans are rushing to force the appointment of Amy Coney Barrett before the November election in order to entrench the conservative majority of the court.
This is a controversial issue within itself, but not the topic I want to focus on. Suppose that Barrett is confirmed and President Donald Trump gets voted out. And suppose the Democrats were to win three seats within the Senate, then they would take control within that chamber.
But the Supreme Court would be filled with conservative justices. There wouldn’t be much that the president or Congress could do about that.
Or is there?
There are two viable options for altering the future state of the Supreme Court: setting term limits and court packing.
Court packing involves an increase in the number of justices on the court. Historical precedent has set a generally negative sentiment around court packing, and it has not happened in a very long time.
The number of justices on the court fluctuated greatly in our early history, as we saw presidents such as John Adams and Abraham Lincoln use their power to adjust the court to favor their ideological leaning.
A more notable attempt at court packing was done by former President Franklin Roosevelt. He introduced a bill in 1937 that would cap the age of the justices at 70, so that they would be encouraged to retire. A justice would be added for every one who was over 70. This bill failed, and we have had nine justices ever since.
If Biden wins the presidency, he could add an additional two justices to tip the scales from conservative to liberal. This would not be unconstitutional or even unrealistic — it might actually help sway the opinions back to a more balanced stance on important issues.
Another option is to impose term limits upon justices — forcing them to cap their service at 18 years. Justices often retire when they see that a president with shared political beliefs will have the opportunity to appoint their seat, making their decision all the more crucial and divisive. This could not only decrease partisanship, but also allow for a better connection between the Court and country.
The party of the next elected president will make decisions to gain whatever advantages possible in government. If the Republicans again win both the Senate and the presidency, it seems unlikely there will be any change in the number of justices on the court or the number of years they serve.
To counter that, if the Democrats win both the presidency and the Senate, then I think we might see some changes in the way the Supreme Court functions. Democrats will most likely attempt to alter the balance of the Court because it currently leans right.
Either way, there is no simple solution to the complicated task of adjusting the judicial system.
