I have an article in Discourse this morning on why schemes to pack the Supreme Court, or to limit its jurisdiction, are misguided. Excerpt:
Efforts to restrict the courts are typically advanced by those who dislike how judges have decided things, rather than by those actually interested in improving the judiciary. The real targets of such proposals, moreover, are usually unpopular groups or individuals whom the courts have acted to protect. Since judges are charged with defending the freedoms of those whom elected officials have unjustly targeted in some way—out-of-state creditors in the Chisholm case, or business and property owners during the New Deal—proposals by outraged lawmakers to rein in the judiciary are usually just attempts to make it easier to exploit and persecute those whom the courts have dared to defend.
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