The confirmation of Amy Coney Barrett to be the ninth justice on the Supreme Court has intensified calls by Democrats to increase the number of justices on the Supreme Court if Joe Biden wins the presidency. (But, interestingly, not if he doesn't.) In an interview with "60 Minutes," Biden characterized the issue as "a live ball," while Rep. Alexandria Ocasio-Cortez (D-NY) tweeted, "Expand the Court" in the wake of Barrett's confirmation.
But there is a fatal flaw in Democrats' plan to "pack" the Court if they win—it is plainly unconstitutional.
See also Prof. Baude's response.
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