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Senator Ron Wyden (D-OR) Introduces Court-Packing Bill
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U.S. Senator Ron Wyden
U.S. Senator Ron Wyden “Packing” the Supreme Court.

Senator Ron Wyden (D-OR) Introduces Court-Packing Bill

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ProCon Debate: Should Packing the U.S. Supreme Court Ever Be Considered?

ProCon Issue in the News: The Judicial Modernization and Transparency Act was introduced by U.S. Senator Ron Wyden (D-OR) on Sept. 25, 2024. The bill was widely seen as a court-packing scheme. It would expand the U.S. Supreme Court from 9 justices to 15 over three presidential terms (12 years). In each of the three terms, the president would appoint two justices, one in the first year and one in the third year. The nomination process would also be regulated so that nominees are automatically placed on the Senate calendar, avoiding politically motivated delays

Also included in the bill is a caveat that the U.S. Supreme Court must reach a supermajority agreement (two-thirds) to overturn an act of Congress based on constitutionality, among other changes to the Supreme Court and federal court system.

Senator Wyden’s press release stated that the bill would “restore balance among the three branches of government, increase transparency to improve public trust in America’s courts, and modernize the courts to ensure greater access to justice for more Americans.”

However, the idea of court-packing is not popular on either side of the political aisle, with President Joe Biden stating, “I think if we start the process of trying to expand the court, we’re going to politicize it maybe forever in a way that’s not healthy.”

Discussion Questions

  1. Should the U.S. Supreme Court be expanded? Why or why not? Consider the history of other “court-packing” schemes.
  2. Brainstorm and research what the ideal Supreme Court might look like and how to achieve that ideal. Consider the number of justices, the nomination and approval process, term limits, and other ideas. Make sure to support your opinions and argue why this court would be the best.
  3. Consider the current U.S. Supreme Court justice nomination process. What, if anything, would you change and why?

Sources

The ProCon staff used the following resources for this feature:

  • Griffin Eckstein, “Ron Wyden Unveils Plan to Overhaul and Expand the ‘Power Hungry’ Supreme Court,” salon.com, Sep. 26, 2024
  • Ron Wyden, “Wyden Introduces Sweeping Court Reforms to Restore Public Trust as Supreme Court Faces Legitimacy Crisis,” wyden.senate.gov, Sep. 26, 2024