Reply To: Biden would Radically Change the Courts

There are some incredibly talented federal trial court judges whose efforts have been negated by entrenched circuit court panels on both sides of the partisan split who fail to properly apply or ignore SCOTUS precedent. Also, circuit courts are increasingly allowing their cases to spill over into factfinding, which is not the role of an appellate body. Finally, each circuit has its own ability to set rules within certain parameters of the federal rules of procedure which often sets up artificial “splits” between the circuits. These are all ripe areas for reexamination, totally aside from the issue of “packing” the court with additional justices to compensate for “unpacking” the court by failure to allow the senate to advise/consent on a lawful nomination solely to gain political advantage.