Court packing greatly threatens democracy. This paper examines, compares and draws conclusions from two attempts: The PiS government is near to packing Polish courts; President Roosevelt tried but failed to pack the U.S. Supreme Court in 1937. In most democracies a head of government with a legislative majority and strong party control can pack courts, giving complete control. The United States escaped; Roosevelt lacked complete party control. Poland is unlucky; PiS is strongly controlled. Peaceful domestic protest is necessary, but Poland’s hope is from EU-level institutional pressure, supported by major democracies, to reverse packing and prevent further seizure of power.
Accession criteria (Copenhagen criteria). EUR-LEX. Retrieved from https://eur-lex.europa.eu/summary/glossary/accession_criteria_copenhague.html
Bell, D., (2013, June 11). George Wallace Stood in a Doorway at the University of Alabama 50 Years Ago Today. USA Today. Retrieved from https://www.usnews.com/news/blogs/press-past/2013/06/11/george-wallace-stood-in-a-doorway-at-the-university-of-alabama-50-years-ago-today
Blackman, J., (2017, November 27). Republicans Should Not Pack the Courts. National Review, Retrieved from https://www.nationalreview.com/2017/11/republicans-court-nominations-congress-shouldnt-pack-courts/
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