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How to Pack the Supreme Court

By: 
Richard E. Rubenstein

Farewell to Anthony Kennedy, the one Justice who kept us guessing which way the Supreme Court would rule on a wide range of issues. With Kennedy gone and Trump honing his list of right-wing replacements, the Court’s decisions will very likely become more predictable – a prospect that makes progressive hearts sink.  Nevertheless, there is no need to assume that the Court will have a conservative majority for the next generation, if not longer, and that there is nothing that can be done about it. This assumption is valid only if one considers the Supreme Court a sacred institution that can’t be altered even by perfectly legal means – for example, by increasing the number of Justices.