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The United States Supreme Court has numbered nine justices for the past 150 years. But that number is not fixed. With the Democrats controlling the House and Senate during the Biden presidency, they could add justices to the Supreme Court. But would court packing destroy the Court as an apolitical judicial institution? This is the crucial question Stephen Feldman addresses in his provocative book, Pack the Court! He uses a historical, analytical, and political argument to justify court-packing in general and Democratic court-packing more specifically.

Republicans and Democrats alike profess to worry that court-packing will destroy the legitimacy of the Supreme Court as a judicial institution by injecting politics into a purely legal adjudicative process. But as Feldman’s insightful book shows, law and politics are forever connected in judicial interpretation and decision making. Pack the Court! insists that court packing is not the threat to the Supreme Court’s institutional legitimacy that many fear. Given this, Feldman argues that Democrats should pack the Court while they have the opportunity. Doing so might even strengthen the American people’s faith in the Court.

In this interdisciplinary book in an interdisciplinary series, Dave Bridge crosses methodological boundaries to offer readers insights on the political “push­back” that historically follows Supreme Court rulings with which most Americans disagree. After developing a framework for identifying the Court’s rare countermajor­itarian decisions, Bridge shows how those decisions that liberals backed in the 1950s through the 1970s consistently upset con­servative factions in the Democratic Party, which always managed to weather the storms—that is until Roe v. Wade in 1973. In Pushback, Bridge offers compelling hy­potheses about how the two major parties can use unpopular Supreme Court rulings to shift the political momentum and win elections. He then puts those hypotheses to the test, analyzing the political fallout of recent rulings on controversial issues such as Obamacare, same-sex marriage, and religious liberty.
 
Certain to appeal to anyone interested in American political science and history, Pushback closes with a detailed exami­nation of the unequivocally counterma­joritarian Supreme Court ruling of our lifetimes, Dobbs v. Jackson Women’s Health Organization, which overturned Roe. For the first time in 50 years, conditions are ripe for a party to win votes by campaign­ing against the will of the Court. Upcom­ing elections will tell if the Republicans overplayed their hand, or if Democrats will play theirs as skillfully as did the GOP after Roe.