Donald Trump has changed the ideological cast of our entire federal court system, appointing the most appellate-court judges in a single term since Jimmy Carter, along with three conservative Justices to the Supreme Court. Jeannie Suk Gersen, a contributing writer and a professor at Harvard Law School, unpacks the complicated question of court-packing. Joe Biden’s cautious engagement with the strategy, she thinks, is smart politics. The Supreme Court’s members “do not want to see Congress mess with the number of Justices on the Court or the terms,” she tells David Remnick. “So they now also understand . . . that they’re being watched with an idea that the institution can change without their being able to control it.”
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