But the argument that more lower court judges were needed for case management reasons was demonstrably false.
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My thought was that the Calabresi court packing proposal was just to get liberals on the record against it, so that when they regain presidency and Senate and want to add a couple of Supreme Court justices Republicans can yell hypocrisy.https://twitter.com/MikeSacksEsq/status/936072843355475968 …
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Professor Hasen's tweet aged well. (https://twitter.com/rickhasen/status/936074092486074368 …)
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But saying “hey let’s add hundreds of conservative federal judges because liberal jurisprudence is inherently illegitimate” is way disproportionate to “hey let’s add a couple new SCOTUS justices to neutralize the effect of a stolen seat.” Ah hell he’s winning.
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Wow, that’s four moves ahead of anything I could imagine. That’s why I’m just a simple adlaw prof, I guess. :)
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Wouldn't be too sure. There is some real interest in replacing regulatory ALJs, and many would like to rebalance the DC Circuit.
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Genius
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Nah. That’s too complicated, and the payoff (ad sound bites) is minimal. A simpler explanation is that Calabresi proposed a radical idea, and more moderate GOP members don’t like it.
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Did Dems ever consider doing this? Doesn’t sound like them.
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