Josh Blackman, an associate professor of law at South Texas College of Law, recently published an op-ed in National Review Online taking issue with our proposal urging congressional Republicans to increase the size of the lower federal courts. Blackman calls it "ill-considered" and says it should be "discarded." He also, unfairly in our view, calls it a Republican court-packing plan. We believe our plan is necessary to deal with a caseload crisis in the federal courts, where caseloads have increased greatly since the last judgeship bill was passed in 1990. We also think the plan restores the partisan balance that was disturbed by past Democratic efforts ...
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