The Supreme Court Needs Reform

Amy Coney Barrett’s appointment to the Supreme Court was achieved over furious Democratic objections, in what might be the closing days of both Donald Trump’s presidency and Republican control of the Senate. Seen by critics as improper and even illegitimate, it could have a lasting impact. It cements a 6-3 conservative majority at the top of the judicial branch of government — an outcome that could have profound consequences for public policy in the coming years.

Finding this hard to accept, many Democrats are wondering what to do next. If they prevail in the elections already under way, there’s talk of “packing the court,” or expanding the number of justices to reverse the partisan balance. Former Vice President Joe Biden has been pressed to say whether he’d lead such an effort, but hasn’t committed himself. In the past, he’s argued that packing the court would be dangerous. Under pressure to say something different, last week he proposed a bipartisan commission to look into possible reforms.