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Social and Behavioral Sciences Commons

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Supreme Court of the United States

Buffalo Law Review

Publication Year

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Full-Text Articles in Social and Behavioral Sciences

Court-Packing Time? Supreme Court Legitimacy And Positivity Theory, Stephen M. Feldman Dec 2020

Court-Packing Time? Supreme Court Legitimacy And Positivity Theory, Stephen M. Feldman

Buffalo Law Review

Many progressives have decided they need to change the Supreme Court to break the conservative justices’ lock on judicial power. Yet those same progressives disagree about the best way to change the Court. This Essay begins by comparing straight-forward court-packing—adding justices to shift the partisan balance on the Court—to other possible Court changes, such as court-curbing measures that would reduce the Court’s power. Court-packing has multiple advantages over these other possibilities, not the least of which is that even the current Roberts Court would almost certainly hold court-packing, unlike other potential changes, to be constitutional. Even so, some progressives view …


Contribution To An Explication Of The Activity Of The Warren Majority Of The Supreme Court, Mitchell Franklin Apr 1975

Contribution To An Explication Of The Activity Of The Warren Majority Of The Supreme Court, Mitchell Franklin

Buffalo Law Review

No abstract provided.