By ERWIN CHEMERINSKY
SEP. 18, 202010:19 PM
Wouldn’t it be nice if Democrats and Republicans could just agree that the fair and right course would be to not replace Justice Ruth Bader Ginsburg until after the presidential inauguration in January? We could simply stick, for now, with the precedent established by Senate Majority Leader Mitch McConnell when he refused to hold a vote on the nomination of Merrick Garland to replace Justice Antonin Scalia.
The idea of enlarging the Supreme Court in response to Republican 'packing' bedeviled FDR in the Thirties. The American people would not go for it. It is significant to note though, by the time he was elected to his fourth term (1944), Roosevelt had filled the SCOTUS with liberally minded Justices.