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ARTICLE · 05 FEBRUARY 2021

Packing A Stacked US Supreme Court?

The death of the Notorious Ruth Bader Ginsburg last autumn left empty not just one of nine seats on the Supreme Court of the United States, but also the hearts of American liberals.

United StatesLitigation, Mediation & Arbitration

The death of the Notorious Ruth Bader Ginsburg last autumn left empty not just one of nine seats on the Supreme Court of the United States, but also the hearts of American liberals. Their biggest fear had always been that a Republican President could replace RBG with a young, life-tenured conservative judge, resulting in a court stacked with conservative judges, outnumbering the liberals 6-3, and tasked with deciding critically important American legal and social issues for the foreseeable future.

And that is what happened. Justice Amy Coney Barrett is undeniably accomplished (Notre Dame law professor, former clerk of the court she now serves on, working mother). But she is also alarming to some. Her mentor was the late Justice Antonin Scalia, known as one of the most conservative originalists to serve on the court. Her prior work fell squarely on the socially conservative end of the legal spectrum.

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