I completely agree that Garland being blocked violated a norm, but it's stupid to say we should just go back to unwritten rules later. As a culture we worship legal shenanigans; Perry Mason might as well be a folk hero.
If there are procedures we want followed and observed, those need to be written down. Not observed in good faith (since we as a nation don't actually care about good faith anything, it's much more impressive to be sneaky).
Sure, I agree. Not sure whether it's actually politically possible, but the SCOTUS situation is only going to get worse from here.
You can think of Garland as a constitutional crisis -- we have constitutional rules and constitutional norms, and the GOP violated a constitutional norm. Norm violations will just continue and escalate until things are resolved in some way. That resolution probably needs to include some kind of compromise that results in a restoration of normalcy. It may also need to include some formal creation of constitutional rules to govern the process more effectively.
However Garland is literally only one of four or five things going on that could be considered constitutional crises, so there's a general breakdown of norms across the American government right now and that makes it much harder to figure out how to get back to normalcy or if it can ever happen.
Putting aside the "norm-breaking" of packing the Supreme Court, how do you pack it in a way the GOP doesn't just pack more the next time they get power?
I dunno. That's the problem with violating norms. Once you start, the other side is going to match you or escalate.
To clarify, I wasn't really suggesting court-packing with my comment. I was just observing that lots of things we take for granted about SCOTUS exist only because of constitutional norms, and the existence of only nine justices is one of them.
However, since the GOP is obviously willing to violate constitutional norms, it's really not impossible that they might just pack the court if they think they're going to lose control.