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U.S. Supreme Court,
Judges and Judiciary,
Government

Nov. 2, 2020

We shouldn’t appoint judges just because we can

Democratic presidential candidate Joe Biden has been peppered with questions about whether he will “pack the court” by adding new justices to the Supreme Court. His tempered response has been that, if elected, he will convene a national commission to study the court system and provide recommendations within 180 days. He has properly called the current process “out of whack.”

John H. Minan

Emeritus Professor of Law
University of San Diego School of Law

Professor Minan is a former attorney with the Department of Justice in Washington, D.C. and the former chairman of the San Diego Regional Water Quality Board.

Democratic presidential candidate Joe Biden has been peppered with questions about whether he will "pack the court" by adding new justices to the Supreme Court. His tempered response has been that, if elected, he will convene a national commission to study the court system and provide recommendations within 180 days. He has properly called the current process "out of whack."

The Constitution provides that the president "shall nomina...

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