The Supreme Court is the one institution in Washington the left does not control.
There is a plan in place to change that.
But Democrats had a surprising response to this scheme to replace Clarence Thomas.
Ever since Republicans confirmed Amy Coney Barrett to fill Ruth Bader Ginsburg’s seat last fall, Democrats seethed with rage.
From the moment Donald Trump nominated Barrett, Democrats like Chuck Schumer and Alexandria Ocasio-Cortez threatened to pack the Supreme Court with as many as six new liberal justices to replace the Clarence Thomas-led conservative majority with permanent liberal dominance.
After Democrats won control of everything in Washington, Joe Biden nominated a commission to study court-packing and Democrats in the House and Senate introduced legislation to pack the court with new liberal justices.
But Senate Democrats up for re-election quickly cooled to the prospect of voting on court-packing legislation.
“I don’t think the American public is interested in having the Supreme Court expanded,” Colorado Senator Michael Bennet, who is up for re-election in 2022, told POLITICO.
Colorado is now a reliably blue state.
But even Michael Bennet is worried about how toxic this proposal could become even in races that the so-called “experts” believe are safely in the Democrat column.
Democrats in purple states could not run away from court-packing fast enough.
Arizona Senator Mark Kelly—who is up for re-election next November—rejected court-packing telling the press that “the more responsible thing to do is to keep it at nine justices.”
Nevada Democrat Catherine Cortez Masto dismissed court-packing ahead of an expected tough re-election fight declaring that she opposes “adding seats that politicize the court.”
Even deep blue state Democrats not up for re-election in 2022 such as Hawaii’s Brian Schatz—who won his last race in 2016 with 73 percent of the vote—shoveled dirt on the idea of court-packing predicting that at least ten Senate Democrats opposed the power grab.
“This is in the category of things that couldn’t muster 50 votes and probably couldn’t muster 40 votes,” Senator Schatz explained. “We have a historic opportunity to make change here and we should focus on those issues where we can get a majority.”
But the court-packing bill’s sponsor in the Senate – Massachusetts Democrat Ed Markey—threatened that if the conservative majority handed down conservative rulings, Senate Democrats would reconsider.
“The momentum for this effort is going to grow. Especially if the court does drift dramatically, in a direction which is overturning progressive precedent after progressive precedent,” Markey claimed in an interview with POLITICO.
That does not seem likely.
FDR proposed a court-packing scheme after winning a historic landslide win.
And even though FDR was at the peak of his popularity, voters still rebuked Democrats in the 1938 elections as Republicans won 72 seats in the House of Representatives and eight seats in the Senate.
Joe Biden is nowhere near as popular as FDR and Democrats’ majorities in the House and Senate are much slimmer than in 1938.
The historical unpopularity of court-packing as well as the most popular Democrat president in history suffering the biggest defeat of his career on this issue helps explain why Senate Democrats want no part of this un-American power grab.
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