The Supreme Court has recently had multiple landmark decisions that were incredibly polarizing. Dobbs v. Jackson Women’s Health Organization was a decision that overturned Roe v. Wade. New York State Rifle and Pistol Association Inc. v. Buren ruled that people can carry weapons in public for self defense. All of these decisions have truly been unprecedented, but it is a long-lasting effect of the Trump Administration.
These contentious decisions are not sitting well with Americans: an abysmal 40% of US citizens approve of the Supreme Court. We have a court (which is only 9 people) in this country who is making decisions that the majority of Americans disagree with. And, surprisingly, they could have even more polarizing decisions in the future. Justice Thomas in his Dobbs decision hinted that there could be challenged to same-sex marriage and contraceptives.
With the Supreme Court making these horrific decisions, what is an effective solution to curtail this ultra-conservative court? The most common solution is a method called “packing the court”. The Constitution does not set out the number of justices that should be on the court, which leaves the exact number up to the legislative branch. If Democrats had the ability to pass legislation, they could theoretically pass a bill increasing the amount of justices on the court and giving them a majority. But, many legal scholars advise against this pathway as if/when Republicans gain power, it could set a precedent where they could increase the number of justices to give them a majority creating this cycle. The solutions to this problem are difficult, and nuanced. If anything, this shows the importance of voting in all elections, especially presidential, as it will determine the outcomes of the Supreme Court for decades.
This blog post is part of the CIMA Law Group blog. If you are located in Arizona and are seeking legal services, CIMA Law Group specializes in Immigration Law, Criminal Defense, Personal Injury, and Government Relations.
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