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Despite attempts by some to change the paradigm, the size of the Supreme Court has remained at nine since 1869. This tradition has survived Reconstruction, industrialization, the Great Depression, two World Wars, the Cold War, multiple impeachment trials, and thousands of political spats. Yet, it appears that the progressive movement currently sweeping the left wing of American political life may finally be the death knell of this long-standing practice.
This brief addresses the history and current debate surround Supreme Court structure with a particular emphasis on President Biden's Commission on the Supreme Court of the United States and the progressive left's calls to increase the size of the Supreme Court.
You can read the full brief or download it as a .pdf below: