The media was under attack, and the American public lost. Sports and entertainment were under attack and the American public lost. Schools and churches were under attack and Americans lost. Our government officials look for ways to take away our freedoms and future. Now the Supreme Court is under attack. It is the last institution between us and a dictatorship.
“During the 2020 Presidential election cycle neither former Vice President Joe Biden nor California Senator Kamala Harris revealed whether they would pack the Supreme Court if elected. During the first presidential debate in September 2020, moderator Chris Wallace pressed Biden on whether he would pack the Supreme Court as president. Refusing to answer the question Biden said, “Whatever position I take on that will become the issue. The issue is that the American public should speak. You should go out to vote.” Moreover, during the Vice Presidential debate, when Harris was questioned on whether she would support packing the court, she refused to answer. Going further than President Trump, Vice President Mike Pence told the American public, “If you haven’t figured it out yet they are going to pack the Supreme Court.”
If packed, the Supreme Court becomes a political operation. Need more votes to take away Constitutional rights? Just add a couple more Justices. Our nation is in deep trouble. When the courts go, we have no place to get our freedoms or lives back.
Preserving the Integrity of the Supreme Court
Edward Kennelly, Exclusive to the California Political News and View, 1/6/21
Recently Democrats have become adamant in their support for packing the U.S. Supreme Court. After President Donald Trump appointed and Senatorial Republicans confirmed Amy Coney Barrett to the Supreme Court Congressional Democrats have called for the next president and congress to pack the court. Would packing the court really be in the best interest of the government and its people? How would the Supreme Court function if packed?
In the past four years two major events led to the Democratic Party endorsing court packing. After the death of Antonin Scalia in early 2016 President Barack Obama was prepared to fill the empty seat. Due to the great partisan divide in the country Senate Majority Leader Mitch McConnell prevented President Obama from appointing Justice Merrick Garland to the U.S. Supreme Court. For roughly ten months, the U.S. Senate refused to confirm Obama’s Supreme Court appointment. Since Donald Trump was elected president in 2016 he ended up replacing Antonin Scalia. On April 10, 2017 Neil Gorsuch was placed on the U.S. Supreme Court as an Associate Justice. Democrats felt cheated out of their nomination.
Similarly on September 18, 2020 Associate Justice Ruth Bader Ginsburg died while on the Supreme Court. Shortly after the death of Ginsburg several Democratic politicians argued that it would be undemocratic to fill the empty seat during an election cycle. Prior to Amy Coney Barrett’s confirmation to the Supreme Court, Democratic Senate Minority Leader Chuck Schumer said, “Today will go down as one of the darkest days in the Senate’s 231-year history. The Senate GOP is thwarting the will of the people and confirming a lifetime appointment to the Supreme Court in the middle of a presidential election.” He then went on to say, “My colleagues will regret this for a lot longer than they think.” Due to Democrats missing out on two Supreme Court Justice appointments, they feel like they have been robbed.
During the 2020 Presidential election cycle neither former Vice President Joe Biden nor California Senator Kamala Harris revealed whether they would pack the Supreme Court if elected. During the first presidential debate in September 2020, moderator Chris Wallace pressed Biden on whether he would pack the Supreme Court as president. Refusing to answer the question Biden said, “Whatever position I take on that will become the issue. The issue is that the American public should speak. You should go out to vote.” Moreover, during the Vice Presidential debate, when Harris was questioned on whether she would support packing the court, she refused to answer. Going further than President Trump, Vice President Mike Pence told the American public, “If you haven’t figured it out yet they are going to pack the Supreme Court.”
Due to the Democrats refusal to answer whether they will pack the Supreme Court we must assume that they will. Since the Constitution does not indicate how many justices must be on the bench, Joe Biden can legally pack the court. To prevent Biden and Harris from packing the court Congressional Republicans have proposed an amendment to the Constitution to guarantee that nine justices must be on the Supreme Court. On September 23, 2020 The Keep Nine Amendment was introduced in the House by Democrat Congressmen Collin Peterson of Minnesota and was co-sponsored by Republican Denver Riggleman of Virginia. On October 19th, 2020 Texas Senator Ted Cruz introduced the Senate version of the Amendment: S.J. Res. 76 which simply states that “The Supreme Court of the United States shall be composed of nine Justices.” Since the Amendment was introduced seventeen Senators have cosponsored it. Of the seventeen Senators, all were Republicans. Additionally, the proposed bill has received bipartisan support from Members of Congress and former state Attorneys General. While Biden wants to pack the court this idea is not new, in fact, it was done before.
Prior to 1869 there were occasions when the Supreme Court had fewer than nine justices and there were times when it had more than nine justices. During these years Presidents would either pack or reduce the size of the court. Presidents and Congress changed the number of justices allowed on the Supreme Court solely for political purposes.
Congress passed the Judiciary Act of 1869 stating that “The Supreme Court of the United States shall hereafter consist of the Chief Justice of the United States and eight associate justices, any six of which would constitute a quorum.” Congress passed this amendment to try and bring an end to partisan use of the Supreme Court. This has established the number of justices on the Supreme Court for over 150 years. This was the last act dictating the make-up of the court, but it was not a Constitutional amendment so the number of justices can still be changed.
One of America’s most popular presidents, Franklin Delano Roosevelt, threatened to pack the court in 1937 to implement his New Deal policies but received pushback from his Party and Republicans. Since then, there has not been major support to pack the Supreme Court. Due to precedent court packing should not be supported.
If the Democrats manage to win both of Georgia’s U.S. Senate run-off elections then Biden would have the opportunity to pack the Supreme Court. If Biden and Congress packed the Supreme Court then the Supreme Court would become more political than it already is. If Biden were to add an additional four justices to the bench then the next Republican President could do the same thing, resulting in an over partisan branch of government. The Judicial Branch would look no different than the Legislative Branch. Members would likely vote on party lines. The Judicial Branch would lose its independence and it integrity. The Supreme Court would become tainted. Ginsberg warned of this in 2019 when she said that, “I think it was a bad idea when President Franklin Delano Roosevelt tried to pack the court. If anything would make the court appear partisan, it would be that.” While we could not grant Ginsberg her dying wish of being replaced by a liberal justice we should grant Ginsberg this wish. Similarly Virginia’s former Democratic Attorney General Andrew Miller is leading a coalition to help pass the Keep Nine Amendment.
Just like with the passage of the Twenty-Second Amendment which implemented term-limits on the presidency, the Keep Nine Amendment could actually pass. The Twenty-Second Amendment passed because the public supported it. Since the public supports the Keep Nine Amendment it has a chance of passing. If every Republican Congressman and Senator; and ten percent of Democrats support the proposed amendment then it will pass.
For the Amendment to pass either the Senate and House need to pass it with a two-thirds majority vote and three-fourths of state legislatures need to ratify the Amendment. Please contact your Representatives and Senators to encourage them to openly support this Amendment.
Instead of trying to pack the Supreme Court, Biden and Congressional Democrats should appoint moderate liberal judges who can receive support from some Republicans. Biden campaigned on the idea that, “There is nothing beyond our capacity when we come together as one America.” To ensure that he governors this way, Biden needs to convince Republicans to support his cause. One way to come together would be to keep nine justices on the Supreme Court instead of packing the court for political gain.
