Once leading Democrats even so much as mentioned that they might, might, ‘consider’ adding justices to the U.S. Supreme Court — “packing” it with left-wing activists to counter the constitutionalists appointed by Donald Trump — you should have figured that they would find an excuse to actually do it.
And they have done so.
If the high court dares to rule in favor of a state law in Mississippi that is viewed as “pro-life,” then that court-packing is going forward, Democrats have said, according to The Hill:
Democratic senators say if the Supreme Court strikes a blow against Roe v. Wade by upholding a Mississippi abortion law, it will fuel an effort to add justices to the court or otherwise reform it.
The Supreme Court’s conservative majority this week agreed to hear the Mississippi case, which could dramatically narrow abortion rights by allowing states to make it illegal to get an abortion after 15 weeks of pregnancy.
“It will inevitably fuel and drive an effort to expand the Supreme Court if this activist majority betrays fundamental constitutional principles,” said Sen. Richard Blumenthal (D-Conn.), a member of the Senate Judiciary Committee.
“It’s already driving that movement,” he continued, adding that while Democrats cannot simply add justices willy nilly, a decision in favor of Mississippi — which has a Tenth Amendment right to decide many of its own issues — would ‘fuel’ ‘reforms.’
“Chipping away at Roe v. Wade will precipitate a seismic movement to reform the Supreme Court,” Blumenthal, who lied about serving in Vietnam, added. “It may not be expanding the Supreme Court, it may be making changes to its jurisdiction, or requiring a certain numbers of votes to strike down certain past precedents.”
“It really enlivens the concerns that we have about the extent to which right-wing billionaire money has influenced the makeup of the court and may even be pulling strings at the court,” Sen. Sheldon Whitehouse (D-R.I.), another Senate Judiciary Committee Democrat, lied.
“We’ve got a whole array of options we’re looking at in the courts committee,” he said of the Presidential Commission on the Supreme Court of the United States, which President Biden formed via executive order earlier this year.
The establishment of that committee alone was proof Democrats are going to try and change the make-up of the high court, turning it into a virtual second legislature that will merely rubber-stamp left-wing policies and legislation, the Constitution be damned.
Sen. Tom Cotton (R-Ark.), also a Judiciary Committee member, had one word for what the Democrats are doing: “Blackmail.”
— Tom Cotton (@TomCottonAR) May 24, 2021
He’s right, of course. And word has it that it just might work because it’s worked before.
Senate Majority Leader Chuck Schumer (D-N.Y.) has made a similar threat. But of course, the issue is whether Democrats have enough votes to get the job done and as of right now, they don’t.
They have very slim majorities in both chambers of Congress, but perhaps not enough members who are willing to essentially end their careers (maybe they are from red states or districts like Sen. Joe Manchin of West Virginia). Time will tell.
As for Manchin, neither he nor Sen. Kyrsten Sinema from Arizona want to blow up the filibuster rule, so for now 51 Democratic votes won’t cut it.
Obviously, though, Democrats are using the threat of expansion to get their way. Let’s hope the justices aren’t frightened enough to succumb. Because if they are, then Democrats won’t have to pack the court at all; a threat will do just as nicely.