The Democrat Senator Ed Markey from Massachusetts has already proposed it….the most liberal members of the media are poised to sanction it…and, if the left is successful in winning the Senate and the Oval office? Then, get ready… we could very well see the left “pack the court” by adding more Supreme Court justices.
It’s never been done….and its effects would prove disastrous to our country as it would threaten the very essence of our government.
Mitch McConnell set the precedent. No Supreme Court vacancies filled in an election year. If he violates it, when Democrats control the Senate in the next Congress, we must abolish the filibuster and expand the Supreme Court.— Ed Markey (@EdMarkey) September 19, 2020
America’s long-standing separation of powers–one of our greatest strengths as a nation–would be undone.
“Packing the court” would mean inflating the number of Supreme Court judges from the current 9, to a likely, 13. Politicians would do so in order to guarantee their view to be represented by the highest judges in the land. FDR once proposed it in 1936 though, his attempt was defeated by his own party.
The measure would still be considered a radical one. Indeed, in July 2019, Joe Biden said “we’ll live to rue that day” if the court was expanded. In a debate, he said it would lead to round after round of expansion and the court would “lose all credibility.” Even Senator Bernie Sanders has said he doesn’t want to pack the court.
But, we’re in challenging political times… and stranger things have happened.
Indeed, just hours after Ruth Bader Ginsberg’s death, the Washington Post published an opinion piece entitled, “If McConnell pushes through a nominee, President Biden should pack the court.”
Long Lasting And Disastrous Effects
The biggest problem with this is that it would forever change the value, position, and stature of the Supreme Court. The court could theoretically continue swelling with each and every shift in government… thereby acting as an extension of Congress as opposed to an independent body. The Supreme Court is designed to move slowly than the people, however, if Congress were to be able to inflate the number of justices with each election…then the very power of the court would be forever diluted.
Bottom line? Packing the court was a bad idea in 1936 when first proposed by FDR…and it’s a bad idea now.