American Consequences - May 2019

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speech, and giving the Federal Election Commission a partisan slant. Only then will America be safe for Alexandria Ocasio-Cortez. Let’s focus on the Court-packing, as all the Democratic presidential contenders have. “We are on the verge of a crisis of confidence in the Supreme Court,” senator- splained Kamala Harris (D-California), “and everything is on the table.” (To be fair, Harris’ mention of “on the table” also may have been a swipe at Robert “Beto” O’Rourke, who has taken to standing on tables, bars, cars, and pretty much every other raised surface in his attempts at campaign visibility.) Meanwhile Senator Elizabeth Warren (D-Massachusetts), thinks packing the Court will somehow depoliticize it. Actually, there is one candidate who has shied away from a call to add justices: Senator Cory Booker (D-New Jersey), who has merely endorsed Supreme Court term limits. What a world where Spartacus is your voice of caution! Caroline Fredrickson, president of the American Constitution Society (the left-wing counterpart to the Federalist Society and a role I thought law schools and the American Bar Association had already filled) reminds us that it’s “not written in stone that the court has nine seats.” Indeed, the Constitution doesn’t specify a number, but each time Congress has changed it there was a partisan reason, and it didn’t always turn out so well. The original Supreme Court had six seats, but in 1801 Congress passed a law that would’ve reduced the number of justices to a tie-proof five while increasing the number of circuit and district court judges. The idea

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American Consequences

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