The temptation to «pack» the US Supreme Court and the risks for American democracy

By Aldo Sandulli

The essay analyses the debate on the possible reform of the Supreme Court of the United States, in the light of the strong imbalance in the Court’s composition arising during the presidential term of Donald J. Trump. The article focuses on the temptation to «pack» the Court and, thus, increase the number of judges on the Court in order to restore balance. The contribution concludes by pointing out, on the one hand, that many of the reform proposals would require the Constitution to be amended; and, on the other, that also those reforms that do not require constitutional amendments, as would be the option to pack the Court, pose high risks for democracy in the United States.