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Democrats threaten to pack court if Republicans vote on Ginsburg replacement this year

Daily Caller News Foundation

Peter Hasson on September 19, 2020

  • Democrats are threatening to pack the Supreme Court if Republicans fill the vacancy left by liberal Supreme Court Justice Ruth Bader Ginsburg’s death on Friday. 
  • “Congress would have to act and expanding the court would be the right place to start,” House Judiciary Chairman Jerry Nadler wrote on Twitter. 
  • Ginsburg herself pushed back against the idea of packing the court when asked about it last year. 

Prominent Democrats are threatening to expand the size of the Supreme Court to cancel out President Donald Trump’s court picks if Republicans vote on late Justice Ruth Bader Ginsburg’s replacement this year.

Left-wing activists have been pushing Democratic politicians to endorse court-packing since Justice Anthony Kennedy’s 2018 retirement cleared the way for Justice Brett Kavanaugh to join the high court. Some congressional Democrats embraced the idea following Ginsburg’s death Friday night.

“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 Chairman Jerry Nadler wrote on Twitter 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,” added Nadler, a Democrat from New York.

“Congress would have to act and expanding the court would be the right place to start,” he said.

“If he holds a vote in 2020, we pack the court in 2021,” Democratic Mass. Rep. Joe Kennedy tweeted on Saturday. “It’s that simple.”

Senate Minority Leader Chuck Schumer told his fellow Senate Democrats on Saturday that “nothing is off the table for next year” if Republicans move to fill the vacant seat, CBS News reported.

Democratic Connecticut Sen. Richard Blumenthal echoed Schumer’s rhetoric, tweeting Saturday: “If Republicans recklessly & reprehensibly force a SCOTUS vote before the election—nothing is off the table.”

Trump promised Saturday morning to nominate a new justice “without delay.”

Conservatives on Saturday pushed back on the idea of expanding and packing the Supreme Court.

Republican Tennessee Rep. Chuck Fleischmann warned that packing the court would be “dangerous” and undermine the court as an institution.

“Court packing is a dangerous and shortsighted idea that will delegitimize our institutions — and that’s what the Dems are threatening to do if they don’t get their way,” Fleischmann wrote in a tweet.

“Packing the court would be a greater blow to norms, legitimacy, and our system of government than *anything* Trump has said or done,” National Review editor Rich Lowry wrote on Twitter.

Some liberal voices in the media have expressed support for packing the court.

“So Democrats should threaten to pack the court,” left-wing writer Jill Filopovic argued in a Washington Post op-ed Saturday. “And, if McConnell pushes through a new justice and then Joe Biden wins, they should follow through,” she added.

“One way for Democrats to make clear they will not tolerate Republicans trying to fill this seat in advance of the election would be for them to pledge that, if they take the White House and Senate in November, they will increase the size of the Supreme Court to 13 justices,” University of California, Berkeley School of Law Dean Erwin Chemerinsky wrote in a Los Angeles Times op-ed Saturday.

“Democrats have no choice but to implement structural reforms to the judiciary if they hope to prevent decades of rule by the alt-right in America,” HuffPost reporter Zach Carter wrote in a June 2018 piece following Kennedy’s retirement.

“At a minimum, that will mean expanding the Supreme Court bench to 11 justices under the next Democratic president. Other reforms, including term limits to remove aging conservatives, may well be appropriate,” he added.

But Ginsburg herself rejected packing the court when asked about it last year.

“Nine seems to be a good number. It’s been that way for a long time,” she told NPR in July 2019. “I think it was a bad idea when President Franklin Roosevelt tried to pack the court.”

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16 Comments

  1. Avatar
    Geneww38 September 20, 2020

    That is why the Republican will win and Democrats will be unable to pack anything but their suitcases and moving packages.
    Here is a link that must be read and then follow those links to understand the evil empire formed by Gate, Soror, Fuacii and WHO. https://civilianintelligencenetwork.ca/2020/02/12/george-soros-bill-gates-partner-with-china-on-coronavirus-drug/

  2. Avatar
    Joe September 20, 2020

    How will these libtard morons pack anything but their bags after they’re all sent home come November.

  3. Avatar
    kjm September 20, 2020

    Instead of doing their jobs and upping their game, the Democrat Party has been in the midst of a four-year-long toddler temper tantrum. They are turning the United States into a third world country, with no enforceable laws and a revolution every four years. Many among them should be hung for treason.
    History supports the President in putting forth a nominee, as Obama did, no matter what stage of the Presidency. History also supports the Senate taking whatever action they decide to, on said nominee. That is the law. Temper tantrums, extortion, and threats ARE NOT.

  4. Avatar
    Rob September 20, 2020

    Tell me something you socialist creeps. Why are you “threatening” to pack the courts? You are going to do this when? Why don’t you dam ignorant and selfish fools find out what your constituents want for a change? In case you seem to forget, you were elected to go do what the people hired you to do, not throw temper tantrums everytime our President does something his constituents want him to do! You don’t seem to understand yet. It’s our turn right now. You idiots had eight years, now it’s our turn. Will you ever be caring type people or will you always be ugly horrible monsters? You might want to consider carefully before you meet your maker, who or whatever that may be. There is still time for your souls, but not much. Wise decisions beat bad ones ALWAYS.

  5. Avatar
    Centurion September 20, 2020

    To all demon-communist-cRATS: if there is a deity you worship, start saying your prayers now as you will be crushed on November 3rd.

  6. Avatar
    Jane smet September 20, 2020

    Fill the seat now and if possible put another two packed on also since the Dems think it’s a good idea.

  7. Avatar
    Harry September 20, 2020

    what makes you dems think you will be taking the presidency and senate? pretty over-confident, aren’t you.

  8. Avatar
    Pollky September 20, 2020

    This shows desperation of a bunch of elected leaders who have lost their way by being filled with hatred jealousy and a lousy work record

  9. Avatar
    Dale Brown September 20, 2020

    You threaten the very government you work for? What a joke! You’re not going to be able to continue your court packing because we have an obligation to fullfil.A political threatening from our oh so concerned Democrats.

  10. Avatar
    Tam O'Shanter September 20, 2020

    President Trump should pack the Supreme Court before January 20, 2021. Two can play that game and President Trump is much, much better at it.

  11. Avatar
    A. D Roberts September 21, 2020

    LOL
    To pack the court, they have to control the House, Senate and the WH. Why bother when John Roberts is such a traitor to conservatism.

  12. Avatar
    A. D Roberts September 21, 2020

    Wake up.
    They no longer represent their constituents. They are controlled by ONE WORLD ORDER. aka BILDERBERGS. Remember what H.W. said about the “new world order:” and the thousand points of light. That was about HIS BOSSES.

  13. Avatar
    Glenn September 21, 2020

    Leftists are pure evil. They’ve been threatening to pack the courts for decades. They use criminals disguised as judges to implement their evil. FDR tried doing it to implement his communist policies in the 1930’s.

  14. Avatar
    Gerry September 21, 2020

    The President and congress have an obligation and duty to fill that vacated seat ASAP. There is ZERO reasons not to get it done in spite of what the demoSCUM trash whine & cry about or make empty threats AGAIN !!!! The demoSCUM’s only accomplishment in 4 years is setting the record for lies,hoaxes,corruption and whining&crying — oh yes and throwing child-like tantrums over everything President Trump did.

  15. Avatar
    Larry! September 21, 2020

    The only things they are going to pack are their bags after this election

  16. Avatar
    Herbert Broughton Jr September 22, 2020

    The reason for the treason keeps increasing every time they keep speaking. Don’t interupt em and the life of lies and corruption will deliver the only reward a life like that can. At the top of their game, full of false hope and false gain, but the piper is soon to be paid. Desperation and fear, becomes ever more clear, when cheap threats are all they resort. Take heart my friends, we near the end, We soon will Trump this Scum!

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