Court Packing Is Unconstitutional Opinion
But there is a fatal flaw in Democrats’ plan to “pack” the Court if they win—it is plainly unconstitutional. The Constitution says very little about the judicial branch. Article III, Section 1 states, “The judicial Power of the United States, shall be vested in one supreme Court.” It does not say how many members the Court should have. A person committed to the plain text of the original Constitution might reasonably conclude that the Court can have any number of members....