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One way to get attention

Here's one way for a New York Times op-ed contributor (in this case Marshall University poli sci professor Jean Edward Smith) to get attention: propose dealing with the loathed Roberts Court by taking a leaf from FDR and packing the court with more justices. Some reactions: California Blog of Appeal, Orin Kerr & Volokh (commenter: "Among a great many other questions, I was hoping he would explain why a series of controversial 6-5 decisions would be clearer or more persuasive than a series of controversial 5-4 decisions. But nope. Oh well."), Anonymous Liberal, Althouse & readers, Brendan Nyhan (it would take sixty votes in the Senate, not fifty, unless the filibuster is also to be done away with). Democratic Strategist likes the idea.



Rafael Mangual
Project Manager,
Legal Policy

Manhattan Institute


Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.