On the latest Bloomberg Law podcast episode, Professor Emeritus and national security law expert William Banks discussed the controversy over revelations the Justice Department under former President Donald Trump had secretly subpoenaed records from House Democrats, former White House Counsel Don McGahn and members of the media.
Professor Grant Reeher says, "Political scientists and pundits have been looking for a fundamental realignment now for 50 years. I don’t know what the Mark Twain phrase would be—rumors of a realignment can be greatly exaggerated?"
Thomas Keck, Michael O. Sawyer Chair of Constitutional Law and Politics, says a court expansion can be justified. "If it’s the case that Sen. McConnell and other Republican leaders engaged in illegitimate court packing of their own from 2016 to 2020, then from the Democrats’ perspective, an additional round of court reform is necessary to correct for those earlier rounds," he says.
"Throughout U.S. history, crises of democracy have prompted discussions of Supreme Court reform because the court itself has often been perceived as a barrier to democratic preservation and renewal," writes Thomas Keck, Michael O. Sawyer Chair of Constitutional Law and Politics.