No? FDR famously stacked the court, but he was only able to do that because the Constitution does not specify the number of justices on the court.
Something that the Bidden admin could have done (and I think even campaigned on doing) to override the court’s conservative bent, but didn’t.
Further, power of Judicial Review, where the court can rule laws as being Constitutional or not, and thus for justices to legislate from the bench, was not outlined in the Constitution either. That was a power that the court effectively granted to itself in Marbury v. Madison, in 1803.
No? FDR famously stacked the court, but he was only able to do that because the Constitution does not specify the number of justices on the court.
Something that the Bidden admin could have done (and I think even campaigned on doing) to override the court’s conservative bent, but didn’t.
Further, power of Judicial Review, where the court can rule laws as being Constitutional or not, and thus for justices to legislate from the bench, was not outlined in the Constitution either. That was a power that the court effectively granted to itself in Marbury v. Madison, in 1803.
The problems here are far more systemic.