The first so-called success was in Arizona. Early in 2016, a Republican lawmaker introduced House Bill 2537, which sought to expand the Arizona Supreme Court from five to seven justices. The Republican-controlled legislature approved the measure, with no support from Democrats. Nor was it supported by any of the court’s five justices, with the chief justice writing to the governor that additional seats were “not required by the Court’s caseload” and in fact would not be “warranted” given how costly such a proposal would be at a time when other court-related needs were “underfunded.” Several news outlets
called the bill an attempt to “
Bring Back Court-Packing,” noting that the Republican governor, Doug Ducey, would select the new justices from a list created by the Arizona Commission on Appellate Court Appointments (whose members the governor appoints). Days later, the governor signed the bill into law. The two new justices (both appointed by Ducey) took their seats in December 2016, tilting that court further to the right.
Georgia offers another example of successful court-packing. In 2016, the state’s Supreme Court had four Democratic and three Republican appointees. That spring, the Republican-controlled General Assembly passed a bill expanding the court to nine justices from seven and giving the Republican governor — who promptly signed the bill into law — the power to fill the two new seats in the first instance. By early 2017, then-Gov. Nathan Deal had done so, resulting in a “
more conservative-leaning” court, as the Atlanta Journal-Constitution wrote.