With the start of the Supreme Court Term, the NYU Democracy Project is publishing several essays this week on the Court. The first of these, Enshrine Nine , comes from Ed Whelan, who argues for a constitutional amendment fixing the Court’s size at 9:

In our intensely polarized politics, each side expects the other side to escalate the conflict, and each therefore has an excuse to escalate first. It’s good to find a sensible opportunity to de-escalate.

Progressives who are upset by the conservative transformation of the Supreme Court are understandably tempted to press the next Democratic president and the next Democratic Congress to “pack the Court”—to add new seats in order to enable the president to establish a liberal majority on the Court. But such an effort, if it were to succee

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