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Myth + Fact

Myth.

A balanced Court is a better Court.

Of the nine justices on the United States Supreme Court, there should be roughly equal numbers of Republicans and Democrats. That is the only way to ensure fairness, moderation, and balance.

Fact.

The role of the Court is not political, so the Court does not need political balance. It needs justices who will apply the law as written, even when that leads to a politically unfavorable outcome.

Although the process of nominating and confirming a justice is inherently political, the role of a justice is not. The best guarantee that the Court will not fall “out of balance” and favor one political side or the other is the appointment of men and women, from either political party, who will apply the law as written, not as they’d like it to be.

Source: Legal Policy Focus: Court Packing Plans

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