Let’s assume that Democrats take the White House and hold their strong House Majority in 2020. Let’s further assume that we experience a miracle, and Democrats win a bare majority in the Senate. Will we have everything we need to undo the damage that Resident Trump and the Republican Reich have imposed on our nation? I think not. Bought Bitch Mitch and Trump have further infested SCROTUS (Republican Anti-Constitutional VD) with two new bogus Injustices: Whoresuch and Pervert Kava-Nazi. That gives the court five extreme right-wing ideologue extremists. Those are lifetime appointments. Just to balance the Court, we need to add two progressive Justices.
Republicans have been successfully leveraging the Supreme Court balance of power as a major campaign issue to ignite their base since the 1980s. For Democrats, the 2020 election may mark the first in modern times that they unite around the high court as a driving force in a presidential election.
Democratic candidates are increasingly advocating “court packing,” that is, upping the number of Supreme Court justices to balance the bench — or ensure a liberal majority. The idea is unlikely to succeed for historical and practical reasons but its resonance on the campaign trail reflects Democrats’ new emphasis on the judiciary during the Trump era.
The issue emerges partly from lingering anger over the Republican-led Senate’s 2016 stall of President Barack Obama’s nominee Merrick Garland, a fire stoked this week when Senate Majority Leader Mitch McConnell said if a Supreme Court vacancy occurred in 2020 election year, he would confirm a Trump nominee.
McConnell’s comments were an audacious reversal of his 2016 election-year position blocking Garland for the vacancy caused by the sudden death that February of Justice Antonin Scalia. McConnell argued that the seat should be filled by whoever won the then-upcoming presidential election.
Also drawing Democratic attention to who sits in the nine black leather chairs at the high court has been the recent enactment in states of new abortion bans. The fate of those restrictions would eventually be decided by the Supreme Court, now featuring four liberals and, with Brett Kavanaugh replacing the retired Anthony Kennedy last year, five solid conservatives…
Inserted from <CNN>
The Washington Post produced this video to clarify the issue.
To actually do it, we need to repeal or modify the Judiciary Act of 1869. That’s the legislation that defined the court as a Chief Justice and eight Associate Justices. To do that, we need it take the Senate. We have a tall order to accomplish.
RESIST!!
11 Responses to “Pack the Court!”
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Yes, we do need the Presidency, the House, and the Senate. Really, there can be no argument about that. Whether we can succeed in reforming the Court if we do that remains to be seen. I might comment that, the last time it was tried, Republicans had packed the Court their way, as it is today, yes. But they had not blatantly changed rules in order to do so. It’s just possible that when McConnell murdered Garland’s nomination, he went too far. It’s just possible that that particular abuse of power can be used to win approval for the addition of one or two justices (it would probably have to be two, though even one would help.) That, and the Trump-Kennedy quid pro quo.
I might add that the Federal Judiciary needs more and better judges at all levels. McConnell is also ramming his ideologues into those benches, and it needs to stop, and to be somehow countered.
Is this a typo:
“But they had not blatantly changed rules in order to do so.” [Emphasis added]
Because I think they did blatantly change the rules. McTurtle pushed the button on the Nuclear Option and changed the required 60 votes for Supreme Court justices’ confirmation to a simple majority.
No, the “not” is correct. I was referring to the attempt during FDR’s Presidency to increase the Court. At that time they had not changed the rules to pack it to the right. Now they have. That gives us a bargaining chip that FDR didn’t have.
Thank you! That’s what happens when one (ME) is running terribly behind schedule and just scans things.
I appreciate the heads up: FDR … NOT McTurtle. Now it makes perfect sense.
Yes, we need to take back the Senate. McConnell needs to go!!
Thanks, Tom.
A conservative-leaning court will be bad news for this country in more ways than I could list in a Care2 comments section. What’s worse is, the Rethuglicanazis CHEATED to get Gorsuch and Kavanaugh on the bench. They broke the very rule they made to stymie Obama. Unfortunately, the progressive justices aren’t getting any younger. Vote Blue in 2020 to save this country and humanity’s future!
The Rethuglicans do not care that they cheated, are probably quite proud thereof! They do not believe in constraints on their ability to do evil! If calling them on it during an election can help beat their asses, all the better! McConnell does not give a rotten rat’s ass about being called a hypocrite, as long as it dos not cost him an election.
How much of a majority in the senate would it take to change the Judiciary Act of 1869?
With nuclear option 50+VP. Without it, 60.
I pray that the Democrats do take over in 2020. We need stronger Democrats who will stand up and fight to get our country back into a positive direction..
Thanks, tired hugs, and Amen.
INJUSTICE everywhere!!!!
Maybe they shouldn’t be appointed for life, give others a chance too!!!