Stand up for the facts!

Our only agenda is to publish the truth so you can be an informed participant in democracy.
We need your help.

More Info

I would like to contribute

$

Unpacking court packing

By Louis Jacobson
June 5, 2013

Several Republican senators, including Minority Leader Mitch McConnell, Mike Lee of Utah, and Chuck Grassley of Iowa have accused President Barack Obama of trying to “pack” the D.C. Circuit Court of Appeals. 

Grassley used a variation of the word “pack” no fewer than six times in a May 16 hearing and repeated the charge in a news release about Obama’s recent nominees to the court: “It’s hard to imagine the rationale for nominating three judges at once for this court given the many vacant emergency seats across the country, unless your goal is to pack the court to advance a certain policy agenda.”

We looked at the historical record and concluded Obama’s actions don’t match historical definitions of court-packing. We rated the claim False; read our full report for details.

Our Sources

See fact-check for complete sources.

Browse the Truth-O-Meter

More by Louis Jacobson
Donald Trump
stated on August 10, 2026 in remarks while signing an executive order:
There are vaccines the size of a “bottle of soda … poured into a little child’s body.”
Pants on Fire!
Donald Trump
stated on August 3, 2026 in remarks in the Oval Office:
“There was vandalism” at the Reflecting Pool.
False
Donald Trump
stated on June 23, 2026 in a speech in Macungie, Pennsylvania:
In the past 13 months, “The typical 401(k) … is up almost $30,000.”
Mostly False
Donald Trump
stated on May 31, 2026 in a Truth Social post:
Says his cognitive test results showed he has “extreme intelligence.”
False
Donald Trump
stated on May 7, 2026 in remarks to reporters:
Gasoline prices have “come down very substantially today.”
False

Unpacking court packing

Robert F. Kennedy Jr.
stated on September 10, 2026 in a speech at the RNC midterm convention:









JD Vance
stated on August 24, 2026 in a speech in Brewer, Maine:









Donald Trump
stated on August 10, 2026 in remarks while signing an executive order: