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Adam White /

Don’t Repackage Court-Packing

Tinkering with the Supreme Court’s lifetime tenure is unconstitutional—and impractical.
U.S. Supreme Court Issues Opinions As Term Draws To A Close
Demonstrators rally in front of the Supreme Court on June 28, 2024, in Washington, D.C. (Photo by Chip Somodevilla/Getty Images)

In 2020, just days before his election, President Joe Biden rebuffed calls to radically change the Supreme Court by packing it with additional justices. But four years later, Biden is calling for legislation to strip current justices of their duties and appoint new justices. After rightly criticizing court-packing throughout his career, pursuing it now would be a terrible mistake.

Adam White is a contributing writer at The Dispatch, the American Enterprise Institute’s Laurence H. Silberman Chair in Constitutional Governance, and director of the Antonin Scalia Law School’s C. Boyden Gray Center for the Study of the Administrative State.

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