Justice Ruth Bader Ginsburg’s recent passing sparked a political firestorm, as Republicans prepare for a contentious, pre-election confirmation showdown and some Democrats threaten to, quite literally, burn the country down. In recent years, however, Democrats have also floated court-packing as a viable avenue to ensure a left-leaning Supreme Court for future generations.
The proposal picked up steam in 2018 following the contentious confirmation hearing of Justice Brett Kavanaugh. Democrat activists began to glom onto the idea, pitching it as a way to “balance” the court and prevent further influence from the sitting commander-in-chief or future right-leaning presidents. That year, the far-left Daily Kos cautioned Republicans, warning that a “future government controlled by Democrats is likely to pursue that option” — court-packing — as “the best way to rebuff a conservative Court majority viewed as illegitimate.”
Then-congressional candidate Alexandria Ocasio-Cortez even told voters during an October 2018 campaign event that Democrats should “pack the Supreme Court of the United States of America” after taking the House, Senate, and presidency.
Senate Democrats renewed the warning again the following year over pending decisions on Second Amendment “and other issues,” as Breitbart News reported:
Sen. Sheldon Whitehouse (D-RI) filed an amicus brief (“friend of the court” legal brief) at the Supreme Court on Monday, joined by follow leftwing partisan Sens. Richard Blumenthal (D-CT), Mazie Hirono (D-HI), Richard Durbin (D-IL), and presidential candidate Kirsten Gillibrand (D-NY), demanding that the Supreme Court back out of a case over one of the most restrictive gun control laws in America.
These leading Democrats also warned that if the justices proceed to issue a pro-Second Amendment ruling, and if Democrats win the White House and the Senate in 2020, then they will fundamentally remake the High Court.
…
Although Congress sets the number of seats on every federal court – including the Supreme Court – by statute, the number of seats on the Supreme Court has stayed constant at nine for well over a century, since the 1800s.
Former President Franklin Roosevelt issued the threat in the 1930s after facing legal obstacles with his New Deal and subsequently “threatened to expand the Court by six seats for a new total of 15 justices so that he could get the rulings he wanted.” The American people, however, rejected his threat, “leading to massive Republican victories in the 1938 midterm elections,” as Breitbart News detailed.
The issue recently arose again during the Democrat primary race, as former Mayor Pete Buttigieg (D) hinted at a plan to pack the Supreme Court. During the December debate at Loyola Marymount University, Buttigieg said he would ” begin moving to reform the body itself, as our country has done at least half a dozen times in its history, so that it is not one more political battlefield every single time a vacancy comes up.”
He was not the only Democrat candidate to float the possibility. Former Democrat presidential candidates Sen. Elizabeth Warren (D-MA), Kirsten Gillibrand (D-NY), and now vice-presidential candidate Sen. Kamala Harris (D-CA) announced that they were open to reshaping the court.
“We are on the verge of a crisis of confidence in the Supreme Court,” Harris said, according to Politico. “We have to take this challenge head on, and everything is on the table to do that.”
Warren described it as “a conversation that’s worth having,” contending that it would be about “depoliticizing the Supreme Court.”
Then again, over the summer, several major progressive groups, including Take Back The Court, Demand Justice, Progressive Change Institute, and the Sunrise Movement, signed a letter declaring their support for increasing the number of justices by “at least” two seats. They wrote in part:
The fastest, most effective way to reverse the Republican theft of the Supreme Court and make the court representative of all Americans is to enact legislation increasing the size of the Court by at least two seats, and to quickly fill those seats with justices who will safeguard our democracy. Unlike other reforms, expanding the size of the Supreme Court can be done via legislation that need only be passed by simple majorities in Congress — the Constitution does not set the number of justices on the Supreme Court, which has been changed several times in American history with legislation. Subsequent reforms like term limits and a code of ethics for justices will prevent a narrow political faction from ever again gaining lasting control over the judiciary.
In March 2019, President Trump wholly dismissed mounting calls from his ideological opponents to pack the Supreme Court as a means to hold conservative rulings at bay.
“No, we would have no interest in that whatsoever,” Trump said at the time. “It will never happen. It won’t happen for six years.”
“The only reason is that they’re doing that is they want to try and catch up, so if they can’t catch up through the ballot box by winning an election, they want to try doing it in a different way,” he added.
Perhaps most significantly, the late Justice Ginsburg also balked at the proposition of packing the Supreme Court.
“It would make the Court look partisan,” the late justice told National Public Radio’s Nina Totenberg last year.
Nevertheless, the titan’s passing has talk of expanding the court emerging to the forefront of political conversations yet again, just weeks ahead of the election.
“If Sen. McConnell and @SenateGOP were to force through a nominee during the lame duck session—before a new Senate and President can take office—then the incoming Senate should immediately move to expand the Supreme Court,” House Judiciary Committee Chairman Jerry Nadler (D-NY) said on Saturday.
“Filling the SCOTUS vacancy during a lame duck session, after the American people have voted for new leadership, is undemocratic and a clear violation of the public trust in elected officials,” he added. “Congress would have to act and expanding the court would be the right place to start”:
Crooked McConnell wouldn’t let Obama’s choice for Supreme Court Justice be considered in 2016. Now he wants to change the policy set by republicans and shove crooked Trump’s choice 44 day’s before the election for a vote… make up your mind which way you want it Crooked Republicans!!
It is the presidents duty in the constitution upon a Supreme Court vacancy to expedite a candidate with an eye on a strict constitutionalist view. It is then the senates job to confirm the candidate on only strict constitutional grounds. Expedited so there is no vacant seats on the Supreme Court.
That is true but the radical left wingers of our country want to add judges that do not follow the true rule of law but instead follow their own idea of what they consider is right, which benefits either themselves or a small percentage of our citizens. They are the same people who feel illegals/criminals rights are more important than the rights of our legal citizens.
I agree 100 percent. If the Senate was Democrat controlled then they could stop it till after the election but it is not. It is Republican controlled so they can vote up or down on trumps pick. Let’s get it done even though trump will get another 4 years. To he’ll with the democrats they are trying to destroy our country. Don’t let them
Easy solution… Fill the vacancy BEFORE the election! Do it NOW!
the democraps are power hungry.
they want total control of everything.
i believe the end time is near
all the democraps will be held accountable
with their leader LUCIFER
The Dem’s only believe that a left-leaning jurist can “save America”… How about we just find jurists that believe in what the founders did? How about we seat judges that believe the Constitution is the “Law of the land”. How about we find judges that understand:
1. The Constitution is the standard for government.
2. The Constitution is a contract between the states that created the federal government.
3. Original intent is the only legal way to apply the terms of the Constitution.
4. The Constitution created a constitutional republic, a government limited and defined by specific enumeration of authority where laws are made by equal representation of the people.
“[T]he power of the Constitution predominates. Anything, therefore, that shall be enacted by Congress contrary thereto will not have the force of law.” — James Wilson, Pennsylvania Ratifying Convention, 1787
“In that instrument, I hold there is neither warrant, license, nor sanction of the hateful thing; but, interpreted as it ought to be interpreted, the Constitution is a GLORIOUS LIBERTY DOCUMENT. Read its preamble, consider its purpose.” — Frederick Douglass, 1852
Perhaps having a constitutional convention to place term limits on congress would be the best answer overall. It would limit lobbyist control of our country which has caused 90% of our problems. I’m sure this would be balked at and draw criticism, but look at the congressional leaders whom have made vast fortunes off of your tax dollars. The Supreme Court would possibly remain balanced and our future might be better off. I’m in the middle on politics and still see Far left democrats as the prime problem to this country. Look at California and New York as examples. Term limits on all of Congress before we mirror California or perhaps Venezuela.
It is not up to the Democrats it needs to be filled
Packing the Supreme Court is such a radical suggestion. Even OBAMA didn’t do it when he most certainly could have in his first two year when he had a veto proof senate. That democrats would suggest it shows how radical the democrat party has become.
Fill thet seat !!
The President has the constitutional authority to act,
The Democrats would do it immediately.
They also want to get rid of electoral and filibuster.
Republicans need to stand together and vote on Supreme Court nomination!
If any of them vote against shame on them.
Why do we always have the same Republicans vote against the President and the very thing that is the right thing to do .
Are they with the Republican Party or not.
Leave the number of jurists on the Supreme Cout alone.
Let them try to pack the court. The Senate will never pass it, and the President will veto it. After all the whining, mayhem, and rioting the Dumbocrats have caused in wake of the economic and social improvements to our Citizens during only four years of President Trump’s leadership, it will probably be over a generation until the Dimwits have control again, if ever. Don’t count on 2020- Americans are progressively more widely rejecting the insanity and chaos of the leftists and embracing freedoms and successes under the Conservative Constitutionalists. A revolution (insurrection) will fail miserably. George Soros will have his citizenship revoked and be deported (or extradited to one of several countries that will prosecute him). There are many more skilled and heavily armed conservative hunters and patriots that will obliterate incursions into our neighborhoods, as well.
Let them try to pack the court. The Senate will never pass it, and the President will veto it. After all the whining, mayhem, and rioting the Dumbocrats have caused in wake of the economic and social improvements to our Citizens during only four years of President Trump’s leadership, it will probably be over a generation until the Dimwits have control again, if ever. Don’t count on 2020- Americans are progressively more widely rejecting the insanity and chaos of the leftists and embracing freedoms and successes under the Conservative Constitutionalists. A revolution (insurrection) will fail miserably. George Soros will have his citizenship revoked and be deported (or extradited to one of several countries that will prosecute him). There are many more skilled and heavily armed conservative hunters and patriots that will obliterate incursions into our neighborhoods, as well.
It’s his duty to move forward and he has the American people behind him a 100%.
Its the constitution. TRUMP has to present present a candidate ..So what’s the big deal? do you think that TRUMP would not follow the constitution? A bunch of cry babies on the left….
FDR tried to pack the Court in his first term. The Supreme Court shot his effort down. So their is a legal precedent to stop Democrats from packing the Court.
The court is large enough!!!!
Vote for President Trump!
Please leave the Supreme Court just
Like it is ! It is working just fine.
If we let the radical left take our
Supreme Court over we have lost
The wonderful United States of
America. The radical left are trying to tearing us apart, we can not let
This to happen.
Charles Beaty
Push replacement now, pro-life believing Christian, pro second Amendment believer, don’t wait.
If democrats win the election they will put in a left leaner and America will be in dier danger of
Socialism or communism .
I totally agree that if the incoming president is of the opposite party the decision on a new SC Justice should wait until after the inauguration, nor should there be a decision before the election, but if the presidency is not going to change than the current president should make and the senate should approve the nomination without delay.
A senate vote before November would be unheard of but it could and should be settled by Thanksgiving.
To add or subtract the number of judges to the Supreme Court, should be by amending the constitution, in a constitutional convention, not by a few radicals in congress. If democrats change the make up of any court, what would stop the republicans from, not only reducing back the number back to the original nine, but to five to eliminate liberals from the court. If democrats don’t like the way the system was set up by more intelligent people, then keeping adding people until they can over intelligence.
The Democratic Party of today has nothing to do with Democracy or a Constitutional Republic. It is filled with America hating Socialists. The Democrat Party needs to go the way of the DoDo bird and the sooner the better. The job of the Supreme Court is to interpret the law according to Constitutional guidelines, not to give in to political blackmail from the Democrats, most of whom should be tried and hanged for Treason.
President Trump should immediately pick a Supreme Court replacement for RBG.
The use of the wording…”safeguard our Democracy this and protect our Democracy that” is mind-numbing. Had the Founders wished our Republic to be a Democracy, they would have placed the term predominantly in at least one of several volumes of the “Ratification Of The Constitution Of The United States” and ultimately in the Declaration and or the completed “United States Constitution.”
If by design, The United States of America was a Democracy, it would be something very different than what it is and that difference would not be pleasant for most.
“I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE “REPUBLIC” FOR WHICH IT STANDS, ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL” Mob rule would not be pleasant for anybody except the leaders and of course, their ass-kissing buddies and a few select subordinates!
And remember, ARTICLE IV Section 4 of said Constitution says in part; The United States shall guarantee every State in the Union a Republican Form of Government…
If the ignoramuses out there lived under (and I do mean under) a Democracy in lieu of a Republic and wished to have a degree of freedom, then they would need to be in a constant state of PUCKERED-UP!
As per expanding the Supreme Court…57 Justices would be great so as to equal the 57 states that Obama visited and or planned to visit in June of 2008…one of which being…Massatoosits? Massachusetts was a difficult pronunciation for an Ivy Leaguer with background knowledge of the Peace (Corpse) i.e. Corps…but who’s checking. Liberalism, Socialism, and Communism are all mental disorders and the only cure is Free Market Capitalism, However, EST for a few hours a day might straighten things out.
The polite and kind, maybe even most fair thing to do is wait….and allow the elected President to nominate a new Supreme Court Justice. The problem is democrats have proven time and again they refuse to prosecute rioters, anarchists,racists and criminals who even chant “Death to America.”. Their very rhetoric is also in defiance of the constitution and borders on sedition and attempt to overthrow the government of the United States. If a democrat is elected it is obvious he would nominate someone who embraces the same sedition. If president Trump does nominate someone now who will defend the constitution and rule of law he will draw hatred and opposition from democrats….but uhhh, that already exists even before he took office. It would change nothing about his “fairness,” or public acceptance or respect…..so he has nothing to lose by nominating a moral conservative NOW even before the election….Even if he loses,his immediate well selected replacement of a judge, could guarantee, moral, constitutional rights, and might establish one more righteous advocate on the court before a new democrat president and probable, enemy of the state could do more damage. That alone would be a commendable legacy.
Democrat’s want to hold this country hostage till after the elections.
They should fill the seat now as its president duty. I’m tired of democrat threating the country do and think what I say or “we’ll burn it down” Dems to crazy for me! Biden’s being abused and allowed #walkaway