Home / News / Is it constitutional to 'pack' the supreme court with more justices? | Just The FAQs

Is it constitutional to 'pack' the supreme court with more justices? | Just The FAQs

The Supreme Court didn’t always have nine justices, in fact, it had more. But what changed and made nine the number that stuck?

WASHINGTON – Democratic presidential nominee Joe Biden said he’s “not a fan” of expanding the size of the Supreme Court, giving his clearest position on the matter since the death of Justice Ruth Bader Ginsburg last month.

Biden made the remarks during an interview Monday with WKRC-TV in Cincinnati as the Senate conducts hearings this week with President Donald Trump’s Supreme Court nominee Amy Coney Barrett.

“I’m not a fan of court packing but I don’t want to get off on that whole issue,” Biden said. “I want to keep focused. The president would love nothing better than to fight about whether or not I would, in fact, pack the court or not pack the court.”

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    Not unconstitutional, but highly unethical. However, we can set it to 9 members with extra language to explain what their role is.

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    Pack the Court Pack it 💪😏 Biden 2020

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    Ireland Howell Arden Lamb

    30:27 Anyone would like to do this to me😍💋 💝💖 ♥ ️❤️

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    Leave the court at 9 justice's

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    Julianna Hubbard Madyson Buck

    Good. I am waiting for love from you 💝💖

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    There should be 12 Associate Justices, like a regular jury, plus the Chief Justice to break any ties.

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