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Adding More Justices to High Court Could Undermine Its Legitimacy

Oct. 9, 2018, 11:07 AM

Adding more seats to the U.S. Supreme Court would damage the court’s legitimacy, but there’s a real possibility it could happen anyway, federal courts scholars tell Bloomberg Law.

The idea has been raised by scholars and activists in response to the bruising confirmation of Judge Brett Kavanaugh and the confirmation of Justice Neil M. Gorsuch after Republicans refused to consider President Barack Obama’s nominee, Judge Merrick B. Garland.

Court packing “is more likely now than when Kennedy retired,” Josh Blackman, a constitutional law professor at the South Texas College of Law Houston, told Bloomberg Law in an email.

Adding four...

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