Democracy Dies in Darkness

Opinion The Supreme Court isn’t well. The only hope for a cure is more justices.

By
and 
December 9, 2021 at 5:01 p.m. EST
The Supreme Court building in Washington. (Stefani Reynolds/Bloomberg)

Nancy Gertner is a retired U.S. District Court judge. Laurence H. Tribe is Carl M. Loeb University Professor emeritus and professor of constitutional law emeritus at Harvard Law School. Both served on the Presidential Commission on the Supreme Court.

We now believe that Congress must expand the size of the Supreme Court and do so as soon as possible. We did not come to this conclusion lightly.