by Marisa Schultz
Lawmakers introduce bill to increase court from 9 to 13 justices
A group of Democrats Thursday formally launched a legislative effort to pack the Supreme Court
by adding four new justices, in a move that was hailed by progressive
activists but quickly met with fierce GOP opposition and skepticism by
Democratic leadership.
Sen. Ed Markey, D-Mass.,
along with House Judiciary Committee Chairman Jerrold Nadler, D-N.Y.,
and Judiciary Committee members Mondaire Jones, D-N.Y., and Hank
Johnson, D-Ga., stood outside the Supreme Court Thursday to announce
their new legislation to expand the high court from nine to 13
justices.
"We're here today because the United States Supreme
Court is broken," Markey said, flanked by the Democratic lawmakers and
activists. "It is out of balance. It needs to be fixed.
"Expanding
the Supreme Court rights the wrongs the Republicans have done to this
great court," Markey added. "Expanding the Supreme Court is equal
justice and will ensure equal justice is dispensed to all Americans."
The
Democrats said the far-right has hijacked the court thanks to
"norm-breaking" moves by Senate Leader Mitch McConnell, R-Ky., and
expanding the number of justices is necessary to restore balance and
integrity to the highest court in America.
REPUBLICANS SLAM 'ASSAULT' ON SUPREME COURT BY DEMS' COURT-PACKING BILL, SAY MOVE WILL HELP GOP IN ELECTIONS
Nadler
rejected the notion that Democrats were trying to pack the court with
liberal justices and insisted it was Republicans who packed the court
with maneuvers such as blocking the confirmation of Merrick Garland,
former President Obama's Supreme Court pick, and ramming through Amy
Coney Barrett's confirmation just before the presidential election.
"We’re not packing [the court]," Nadler said. "We’re unpacking it."
The Judiciary Act of 2021 is
just a two-page bill that would increase the number of justices on the
court from 9 to 13, setting up an immediate opportunity for President
Biden to nominate four new justices to be confirmed in the
Democratic-led Senate.
The legislation has long-odds of passing
Congress because unless Democrats abolish the filibuster, it would
require 60 votes for passage in the Senate.
But Markey said it's time to change the filibuster in order to pass the legislation with a simple majority.
"We must expand the court, and we must abolish the filibuster to do it," Markey said.
Sen. Ed Markey, D-Mass., talks about his legislation to pack the Supreme Court on April 15, 2021.
Biden himself has been cool to court-packing
and has only endorsed setting up a 36-member bipartisan commission to
study court reforms. White House Press Secretary Jen Psaki said Thursday
Biden is awaiting the recommendations from the newly formed court
commission before taking a stance.
"He's gonna wait for that to play out and wait to read that report," Psaki said.
BIDEN ORDERS STUDY ON 'SIZE' OF SUPREME COURT, OTHER POSSIBLE CHANGES AMID LIBERAL COURT-PACKING PUSH
FILE - In this March 21, 2021, file photo people view the Supreme
Court building from behind security fencing on Capitol Hill in
Washington after portions of an outer perimeter of fencing were removed
overnight to allow public access. (AP Photo/Patrick Semansky, File)
Republicans immediately condemned the proposal as a delusional progressive attempt to nuke the Supreme Court.
McConnell,
who conservatives credit for reforming the court by preventing a vote
on Garland and then changing Senate voting thresholds to confirm three
of President Trump's nominees, immediately panned the court-packing
proposal. He said the move is designed to "guarantee the rulings that
liberals want" and would "destroy" the legitimacy of the court.
Progressives, however, said with Democrats in control of the House,
Senate and White House now is the time to balance out the court, which
currently has a 6-3 conservative majority.
Meagan Hatcher Mays,
director of democracy policy at the liberal group Indivisible, said
Republicans broke the trust that Americans have in the court.
She
blamed McConnell for undoing Senate norms to ram through GOP-backed
judges who are more loyal to "conservative political outcomes" than
to the constitution. She said McConnell "bent over backwards" to confirm
Justice Brett Kavanaugh, who is "hideously unqualified to serve on the
bench."
"We are here because Mitch McConnell overplayed his hand,"
said Mays, a founder of the Unrig the Courts coalition. "He and Donald
Trump got greedy and the American people noticed."
LIBERALS RAMP UP CALLS FOR SUPREME COURT JUSTICE BREYER TO RETIRE AFTER HE PANNED COURT PACKING SPEECH
The
constitution doesn't mandate the number of justices be set at nine. The
number is set by Congress and it can be changed without a
constitutional amendment.
The Supreme Court's website notes the number of justices changed six times before settling at the current total of nine in 1869.
Democrats
said the number of 13 is timely because it reflects how the number of
appellate courts in America has grown from nine to 13 with time.
"Today
begins a new era in terms of the Supreme Court," Johnson said. "It's
been taken for granted for so long that the court has to be nine people
... There simply is no need to continue with a nine- person court given
the circumstances that have been expressed."
Jones, a freshman
lawmaker from New York's Westchester County, said the Supreme Court's
decisions on campaign finance, gutting voting rights and partisan
gerrymandering show the John Roberts-led court "is hostile to democracy
itself."
Jones said the Supreme Court has been "an accomplice"
to voter suppression and creating a path for the "far-right to remain in
power". He said expanding the court is the remedy.
"Our
democracy faces its greatest test since Jim Crow," Jones said. "From
the insurrection at the Capitol, to the racist voter suppression being
attempted all throughout the United States of America, the far-right is
at war with our democracy."
Rep. Mondaire Jones, D-N.Y., speaks before the Supreme Court on
April 15, 2021, on his legislation to expand the Supreme Court.
In addition to Biden, other Democrats are cool to the plan of
court-packing. Sen. Dick Durbin, D-Ill., chair of the powerful Senate
Judiciary Committee that has jurisdiction of the courts, said he's not
ready to endorse the bill.
"I just heard about it," Durbin said.
"I'm not ready to sign on yet. I think this commission of Biden's is the
right move. Let's think this through carefully. This is historic."
House Speaker Nancy Pelosi, D-Calif.,
said Thursday she also supports Biden's commission to study reforms and
doesn't plan to advance the court-packing legislation to a full House
vote.
"I have no plans to bring it to the floor," Pelosi said.
Marisa Schultz
Source: https://www.foxnews.com/politics/democrats-unveil-bill-pack-supreme-court-four-new-justices
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