MEMO: A Statutory Measure Expanding Lower Federal Courts Meets the Byrd Rule’s ‘Merely Incidental’ Standard

Yale Law School professor Samuel Moyn and Take Back The Court director Aaron Belkin sent a memo to Senate leaders, laying out a clear legal case that lower court expansion satisfies the ‘merely incidental’ standard of the Byrd Rule, the highest hurdle to clear in the budget reconciliation process.

A measure expanding lower federal courts by 250 judges can be enacted through the budget reconciliation process, which is not subject to the filibuster, and which needs only a simple 51-vote majority to pass the Senate,” said Moyn and Belkin.

To:

Senator Chuck Schumer, Majority Leader, U.S. Senate

Senator Dick Durbin, Democratic Whip, U.S. Senate

Senator Bernie Sanders, Chair, Committee on the Budget, U.S. Senate

From:

Professor Samuel Moyn
Henry R. Luce Professor of Jurisprudence at Yale Law School and Professor of History, Yale University

Aaron Belkin
Director, Take Back the Court

Re: A Statutory Measure Expanding Lower Federal Courts Meets the Byrd Rule’s ‘Merely Incidental’ Standard