Packing the courts isn’t a new idea among Democrats, but as the Washington Post reports, Sen. Tim Kaine has said if President Trump confirms another Supreme Court nominee this year (they’re keeping a very close eye on Justice Ruth Bader Ginsburg’s hospital visits), Democrats should consider adding seats to the Supreme Court. “If they show that they’re unwilling to respect precedent, rules and history, then they can’t feign surprise when others talk about using a statutory option that we have that’s fully constitutional in our availability.”
Funny that Kaine would worry about precedent and history when Democrats have been arguing for the elimination of the Electoral College ever since Trump won.
Opinion: Democrats are threatening to expand the Supreme Court. Good. https://t.co/PgOgejODdQ
— The Washington Post (@washingtonpost) August 3, 2020
Paul Waldman argues in the Washington Post that Democrats packing the court would be a good thing:
You may recall that during the presidential primaries, multiple Democratic candidates expressed an openness to expanding the size of the court, which can be done with legislation. But Joe Biden was not among them. “I’m not prepared to go on and try to pack the court,” he said in July 2019, “because we’ll live to rue that day.”
But at that point, while the debate was deeply affected by the fate of Garland’s seat, it wasn’t about the particular scenario of a last-minute grab of yet another one. Democrats already find the current situation deeply offensive; they’ve won more votes in six of the past seven presidential elections yet conservatives control the court. Make it seven out of eight elections and a 6-to-3 conservative majority, and there would be a revolt in which even those who refused to consider enlarging the court might change their minds.
While the debate was deeply affected by the fate of Garland’s seat? When was it ever “Garland’s seat”? (May he rest in peace.)
So if the Supreme Court should be expanded, why not do it now?
— JERRY DUNLEAVY (@JerryDunleavy) August 4, 2020
did…..did FDR write this? https://t.co/VqxNPNEyQR
— Logan Hall (@loganclarkhall) August 4, 2020
Ah, I see norm violating is good again. https://t.co/tLCxGTvshE
— Omri Ceren (@omriceren) August 4, 2020
Dems: "Get rid of Trump to defend the norms"
Also Dems: "Pack the court, nuke the filibuster, Trump is president because of Russia, and Stacey Abrams would be governor if it weren't for voter suppression" https://t.co/cN3yYzA7VL
— Greg Price (@greg_price11) August 4, 2020
Something something, norms, something something, faith in our institutions https://t.co/rbHSECp3Pt
— Isaac Schorr (@isaac_schorr) August 4, 2020
"Destroying norms is okay when our side does it" https://t.co/0WJYGSlUWS
— Daily Caller (@DailyCaller) August 4, 2020
They've won the most important cases since Kavanaugh. They have five justices on any given issue. And yet the Marxists still are not satisfied. https://t.co/2GxWFqPeX9
— Raymond Fava (@RaymondFava) August 4, 2020
Looking forward to 2033 when the Supreme Court overturns Roe v Wade for the 3rd time by a margin of 24 – 17 https://t.co/aSxZEHlqeN
— Eric Wagner (@NotEricWagner) August 4, 2020
If the Dems take the Senate and Presidency they will nuke the legislative filibuster, pack SCOTUS, and feed Biden radical executive orders to sign that will be upheld. It will entirely subvert the Constitutional order. The legislature will be reduced to a cheer squad. https://t.co/6KT3tQNQWz
— Mike Belcher (@MikeBelcher14) August 4, 2020
“Opinion: Democrats are threatening to unprecedentedly destroy a pillar of American governance so that they can have unchallenged power and irreversibly ruin the country. Good.” https://t.co/8iDV4N2rNW
— Will Hayford (@HayfordWill) August 4, 2020
Of course they are since Democrats only see systems as obstacles or ways to benefit themselves. They care nothing about institutions or abiding my long standing rules.
— John Douglas (@realJohnDouglas) August 4, 2020
If you can't win the game, change the rules, is the angle here. We've seen it before.
— Today in Danistan (@RealDanLee) August 4, 2020
The oldest trick in the book. Accuse the other side of being dictators to justify your side's dictatorship
— Gavin Hayes (@Gavin_B_Hayes) August 4, 2020
This is banana republic level crap.
— SR (@shrnova) August 4, 2020
Would you like us to start?
— Seriously? (@THATjsthappnd) August 4, 2020
so gop should do that first, correct?
— Count Mo (@DrMosesAB) August 4, 2020
Then GOP should pack the court now!
— WeAreTrump2020 (@Trump2020We) August 3, 2020
Because there is no way the GOP couldn't turn right around and use it on the Dems. This is super smart.
— Guy Faux (@Faux_Guy_) August 4, 2020
This is going to end very poorly for all of us https://t.co/IoWlJZ3E8s
— Zachary Faria (@ZacharyFaria) August 4, 2020
Democrats have great respect for precedent and norms, it’s just that they want to pack the Supreme Court, eliminate the Senate, eliminate the Electoral College, etc. But it’s all good if they’re the ones in power.
‘Oh, we’d fill it’: Mitch McConnell makes it clear what he’d do if there were a Supreme Court vacancy https://t.co/Cl0gnY3kyf
— Twitchy Team (@TwitchyTeam) May 29, 2019