Beyond Court Packing: The Supreme Court Has Always Been Political

At her White House swearing-in, the week before Election Day, the newest Supreme Court Justice Amy Coney Barrett said that she would discharge her duties impartially, and not in accordance with her personal policy preferences. History, however, suggests that this is doubtful. It is more than coincidence that the “conservative” justices now on the court have all been appointed by Republican Presidents, and “liberal” justices by Democrats. For all the perennial talk about the judicial branch being above politics, such has never been the case—and that past offers a hint...