TIME

Unpacking the court: Is eight enough?

By Massimo Calabresi
Now that the Supreme Court has eight Justices, some conservative activists are fighting to keep it that way

AS THE SENATE PREPARES TO END ITS summer recess on Sept. 6, one question looms larger than most: What will happen to Judge Merrick Garland? It has, after all, been more than five months since President Obama put forward his nominee to replace Supreme Court Justice Antonin Scalia, who died suddenly on Feb. 13. Republicans have refused to act on the nomination, leaving the U.S.’s most powerful judicial body one vote short

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