R: Pack the Courts

Wednesday, February 22nd, 2017 at 7:30 p.m. in the Berkeley Mendenhall Room

Mattia Preti, Pilate Washing His Hands, 1663, oil on canvas, 206.1 × 184.8 cm, Metropolitan Museum of Art, New York.

While only one month into its term, the new administration is currently undergoing the enormous task of filling the vacancy on the Supreme Court due to Justice Scalia's sudden passing in early 2016. The nomination and confirmation process for appointing new judges is outlined in our Constitution, and President Obama himself was able to see hundreds of his district and appeals court judges as well as two Supreme Court Justices take office during his two terms in the White House. Likewise, President Trump has the potential to nominate a large number of people to the US court system. Without judicial term limits, how we fill our courts has the potential to shape our political landscape for decades. With such power, it is clear that we must nominate judges who respect not only the Constitution but also their limited role as described within it.  

Is this new administration a chance to reverse the course of the judicial system in America away from that of the Obama administration? Or would such drastic actions only set a precedent for an overly politicized court system? Is it responsible for a President to nominate extreme justices in order to balance those put in place by his predecessors and to shield against those that may be appointed in the future by his successors? Moreover, if we allow the executive branch to pack the courts, does such a practice pose a threat to the idea of separation of power on which the Constitution was built?