Monday, May 17th, 2021

Democrats Introduce Court Packing Proposal

Democrats are trying to pack the court by introducing a proposal to add 4 justices to the Supreme Court in order to break the 6-3 conservative majority achieved during the Trump Administration.

Rumors that Joe Biden and democrats would be packing the court began during his presidential campaign and intensified after his victory. And while Biden says he is “not a fan” of court packing, he has agreed to consider it. Earlier this month, Biden announced a “bipartisan” commission to study potential reforms to the Court including:

  • Expanded number of justices
  • Term limits and/or age limits for justices
  • Changes to the confirmation process
  • Adjustments to the Court’s role in the Constitutional system
  • Changes to the Court’s case selection, rules, and practices.

“I don’t know that that’s a good idea or bad idea,” said House Speaker Nancy Pelosi (D-CA) of the Democrats proposal to pack the court. “And I think the president’s taking the right approach to have a commission to study such a thing.”

“I’m not ready to sign on yet,” added Senate Majority Whip Dick Durbin (D-IL). “I think this commission of Biden is the right move…Let’s think this through carefully. This is historic.”

Republicans vehemently oppose the proposal.

“Packing the Supreme Court would be a declaration of war that could not be undone,” warns Mike Davis, president of the conservative Article III Project. “President Biden and Democrats in Congress should tread extremely carefully. Packing the Supreme Court is a red line they must not cross. If they actually love their country, they should stand down immediately.”

Just imagine what the Democrats would do if “we reduced the number from 9 to 5 and just keep the Republicans,” says Rep. Jim Jordan (R-OH). “You guys would go crazy.”

House Minority Leader Kevin McCarthy (R-CA) took things a step further. He accused Democrats of packing the court in order to further their socialist agenda. “Packing the court goes against everything we believe as Americans,” he said.

Even liberal Supreme Court Justice Stephen Breyer opposes the proposal, warning that it could erode the public’s trust in the Court. “Structural alternation motivated by the perception of political influence can only feed that latter perception, further eroding that trust,” said Breyer during a speech at Harvard Law.

The most recent law to affect the size of the Supreme Court was signed by President Andrew Johnson in 1869. The Judiciary Act/Circuit Judges Act cemented the High Court as a body comprised of one chief justice and eight associates. The law also established separate judgeships for the circuit courts and gave federal judges the ability to retire without losing their salary. 

Sources:

Republicans Rip Democrats’ Plan to Expand Supreme Court 

Democrats to introduce bill to expand Supreme Court from 9 to 13 justices 

Biden Sets Up Commission To Study Supreme Court Reform

2 Responses

  1. Every one of those things is needed to make the court as it should be representative of the population.
    The USA has the Smallest per capita, Supreme Court in this entire Free World.
    If the courts and Federal judges are expanded according to the population based on per capita rating why not the SCOTUS.
    Now if we want a non political Supreme Court let the justices be elected by the popular vote, not by either political party. Judges are suppose to be unbiased but at present it does seem that some are bringing their own beliefs not ruling on the actual laws which govern every court in the land, the last few religious cases were ruled on by highly religious persons, who gave the church rights which other citizens do not have under the same ruling. Now when the Bill of Rights says the Government will not support any religion and that Christianity is not the religion of this USA, yet the SCOTUS on one side rule exclusively for the Christian religion, does show favoritism.
    I personally think that no justice should serve past 70 years old and no more than approximately 12 years.
    There are already laws in place which says any court must rule on past decision and if the case before the Court is about past rulings then they are suppose to base their decisions on the actual Constitution and Amendments, which in the Religious cases the majority of the Justices have not in any way. I do think that the reason for putting Conservative Justices on the Court is based on religious belief not facts in evidence.

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