Proposals for just a little bit of Court-packing — just a balancing! — are no more stable than the more blatant kind. “There is no magic bullet that will enable either Democrats or Republicans [to] stealthily pack the Supreme Court without risking retaliation in kind.” [Ilya Somin on the Ian Ayres / John Fabian Witt plan; related, Howard Wasserman]
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The more important question for me is, what are the prospects of getting a no-packing constitutional amendment (fixing the size of the Court at nine seats) sent to the states, which I think would ratify it? Perhaps a Convention of the States would be desirable even if it’s for this purpose alone.
Why, sure. can always change it back when they have the Presidency and both Houses, right?