Court Packing

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The far-left fumed over an initial draft from Democrat President Joe Biden’s Supreme Court Commission on the issue of packing the Supreme Court, an idea that the report cautioned against.

“Court expansion is likely to undermine, rather than enhance, the Supreme Court’s legitimacy and its role in the constitutional system, and there are significant reasons to be skeptical that expansion would serve democratic values,” the report said, later adding, “Court expansion today could lead to a continuous cycle of future expansions.”

President Biden's Supreme Court Commission met virtually for the third time this week, and once again the debate about adding more justices to the nation's highest court took center stage.

The 36-member commission listened to hours of testimony from more than two dozen experts on the court's nomination process, its makeup, and how long judges should serve.

Among those testifying, a group of lawyers who often appear before the Supreme Court justices.

They call proposals to pack the court with more judges counterproductive.

Democratic senators say if the Supreme Court strikes a blow against Roe v. Wade by upholding a Mississippi abortion law, it will fuel an effort to add justices to the court or otherwise reform it.

The Supreme Court’s conservative majority this week agreed to hear the Mississippi case, which could dramatically narrow abortion rights by allowing states to make it illegal to get an abortion after 15 weeks of pregnancy.

America has had nine justices on the Supreme Court since 1869, but now that conservatives hold a 6 to 3 majority some Democratic lawmakers and liberal groups say it's out of balance and needs to be fixed.

"The Court's illegitimate far-right majority installed through hyper-partisan political schemes will put even settled precedence on our rights at risk," warned Demand Justice, a liberal group that's running ads urging lawmakers to adopt a Democratic bill to pack the court with extra liberal justices.

Justice Stephen Breyer, one of the most liberal judges on the Supreme Court, will be knocking the far-left proposal of court-packing in his upcoming book.

Though Breyer has repeatedly denounced court-packing in past statements, his book, “The Authority of the Court and the Peril of Politics,” will come at a time when Democrats have been seriously flirting with the idea to shift the court’s power balance. According to Harvard University Press, Breyer will reflect upon how the authority of the Supreme Court will be diminished if it becomes a game of political football.

Supreme Court expansion was one of the left’s most galvanizing ideas during the 2020 Democratic primary. But the idea is going nowhere with sitting Democratic senators.

“I don’t think the American public is interested in having the Supreme Court expanded,” said Sen. Michael Bennet (D-Colo.).

Sen. Mark Kelly (D-Ariz.), who represents a particularly valuable swing state, said “the more responsible thing to do is to keep it at nine justices.” And Sen. Catherine Cortez Masto (D-Nev.) said she opposes “adding seats that politicize the court.”

Minority rule, under which a majority of Americans can't have their policy preferences reflected in our laws, is anti-democratic. But it's the hallmark of the modern Republican Party. For decades, the GOP has trafficked in dog-whistle, white grievance politics to hold onto power without popular support for its policies.

Less than a week after President Biden unveils plans for a commission to study changes at the Supreme Court, congressional Democrats introduced legislation to expand the bench.

"Republicans stole two seats on the Supreme Court. Now, it is up to us to repair that damage. Our democracy is in jeopardy, said Sen. Ed Markey (D-Mass).

Conservatives hold the majority after President Trump's appointment of Justice Amy Coney Barrett to replace late liberal icon Ruth Bader Ginsburg, likely cementing the conservative tilt for decades.

Speaker Nancy Pelosi (D-Calif.) said Thursday she has "no plans" to bring a Democratic-led bill to expand the Supreme Court to the House floor for a vote, while saying such an idea is "not out of the question."

Pelosi was asked during a press briefing if she supported a bill brought forward by House Judiciary Chairman Jerry Nadler (D-N.Y.) to expand the Supreme Court by four seats and if she would bring it to the House floor.

President Joe Biden will stand aside as Democrats in Congress debate a bill that proposes adding four seats to the Supreme Court, ending the bench's conservative majority.

White House press secretary Jen Psaki declined to say on Thursday whether Biden was frustrated with a group of his Democratic colleagues for introducing the measure before his court commission had started compiling its report on federal judicial reform.