Tom Gerald DALY

This Symposium began on 17 March 2022 with a central question: can court-packing be a legitimate measure to help repair the democratic system after a significant period of democratic decay?

Seven weeks and six thought-provoking responses later, and there is no doubt that…

Aslı BÂLI

Tom Daly’s provocative essay asks how we might be able to distinguish court-packing undertaken for pro-democratic purposes—as an act of democratic “restoration” to borrow his formula—from anti-democratic forms of court-packing that threaten the independence…

Oren TAMIR

Tom Daly’s important new paper asks whether court-packing can ever be good and answers “it depends.” More specifically, Daly suggests that the potential “goodness” of court-packing should be evaluated by paying attention to five specific factors…

Joshua BRAVER

Politics is full of tough choices. Tom Daly’s remarkable and thought-provoking article acknowledges that there are no easy answers when deciding whether to pack an apex court, but he seeks to relieve some of the burden by providing guidance…

David KOSAŘ and Katarína ŠIPULOVÁ

Tom Daly’s article “‘Good’ Court-Packing? The Paradoxes of Democratic Restoration in Contexts of Democratic Decay” brings a breath of fresh air to the extremely polarized and fragmented discussion on the legitimacy of court-packing…

Rosalind DIXON

In his new piece, “‘Good’ Court-Packing? The Paradoxes of Democratic Restoration in Contexts of Democratic Decay” (forthcoming, German Law Journal 2022), Tom Daly provides an illuminating account of “court-packing” in a comparative context…

Mark TUSHNET

Tom Daly’s article on “good” court-packing is a valuable contribution to the burgeoning theoretical and empirically informed literature on responses to and – in a more hopeful register – recovery from democratic decay. As is my wont, I focus…

Tom Gerald DALY

Can court-packing be a legitimate measure to help repair the democratic system after a significant period of democratic decay? This is a central question for constitutional democrats in the US right now, and has serious implications for how we approach, and understand, repairs to remedy democratic decay worldwide…