Appointing judges to existing vacancies is not court-packing. It's simply the way the system works. ... It's hard for me to believe that behind this so-called court efficiency proposal is not an effort to keep the court's active judgeships balanced with four Republican appointees and four Democratic appointees.
Whether you agree with it or not, the Supreme Court has become almost as much a political institution as it is a legal one...For one, the cases that come before the Court are very often politically charged. Furthermore, you have nine justices that are there for life and can, for all intents and purposes, act with impunity
It's hard to know what explains the dearth of Obama nominees compared to recent predecessors, but I have to think that increased threats by home-state senators to withhold blue slips is part of the answer.
Thomas and Scalia do everything they can to identify an original intent. [Former Justice Thurgood] Marshall and Kagan see the Constitution as a document whose meaning in some sense changes over time because the world to which it must be applied changes.