Battle for the Constitution: Week of December 13, 2021 Roundup

Below is a round-up of the latest from the Battle for the Constitution: a special project on the constitutional debates in American life, in partnership with The Atlantic.

Court Reform Is Dead! Long Live Court Reform!

By Ryan D. Doerfler, professor of law at the University of Chicago Law School, and Samuel Moyn, Henry R. Luce professor of jurisprudence at Yale Law School

Two legal scholars argue that while many commentators believe that President Biden intended the Commission on the Supreme Court to slow the momentum of Supreme Court reform, it may actually have the unintended consequence of setting reform in motion by legitimizing and bringing into mainstream discussion reform proposals that were once thought to be too extreme for serious consideration — most notably, court expansion.