Andy Biggs: “As Justice Breyer said, this will start an arms race.”

“If a sitting majority can change the size of the Supreme Court the moment it dislikes rulings, what happens the next time the other side is in power? What stops them from doing the same thing? As Justice Breyer said, this will start an arms race. Once you go down that road, the court stops being an independent check on government power. It becomes another political institution controlled by whoever happens to hold the majority.” (02:30–02:35)

This is an excerpt from a raw transcript. The assertions have not been audited or verified. Tap the video to view the source footage and understand the context.