Christopher Scalia has an excellent piece at USA Today debunking the specious grounds of the Democratic attempt to expand the Supreme Court to 13 justices. The grounds are so implausible as to raise another question: Why bother with the pretense? That is not a rhetorical question, at least not entirely. Expanding or contracting the Court is one of the legitimate tools at Congress’ disposal for constraining judicial behavior of which it disapproves. For a variety of reasons, I would oppose expanding the Court. But I would endorse being open about the reasons for proposing it. The Court’s power is swollen … Continue reading Christopher Scalia on Court-Packing