Biden And Harris Embrace Democrats’ Radical, Dangerous Court-Packing Campaign

‘President Biden Endorsed Sweeping Changes To The Supreme Court’

“President Biden endorsed sweeping changes to the Supreme Court on Monday, calling for 18-year term limits for the justices and a binding, enforceable ethics code for the high court.” (“Biden Endorses Supreme Court Reforms, Amendment To Limit Immunity,” The Washington Post, 7/29/2024)

·       VICE PRESIDENT KAMALA HARRIS: “[T]here is a clear crisis of confidence facing the Supreme Court as its fairness has been called into question… That is why President Biden and I are calling on Congress to pass important reforms – [including] imposing term limits for Justices’ active service …” (Bloomberg’s Josh Wingrove, @josh_wingrove, Twitter, 7/29/2024)

Pandering To Their Radical Progressive Base, ‘The White House Is Looking To Tap Into The Growing Outrage Among Democrats About The Court’

“The White House is looking to tap into the growing outrage among Democrats about the court, which has a 6-3 conservative majority, issuing opinions that overturned landmark decisions on abortion rights and federal regulatory powers that stood for decades.” (“Biden Unveils A Proposal To Establish Term Limits For The Supreme Court,” The Associated Press, 7/29/2024)

·       “Democrats hope it’ll help focus voters as they consider their choices in a tight election.” (“Biden Unveils A Proposal To Establish Term Limits For The Supreme Court,” The Associated Press, 7/29/2024)

SEN. ELIZABETH WARREN (D-MA): “I think what Joe Biden will do over the next six months is he’s going to keep drawing that to the attention of the American people and reminding them when they vote in November, the Supreme Court is on the ballot.” (“Elizabeth Warren: ‘Supreme Court Is On The Ballot,’” Politico¸ 7/28/2024)

“Biden had been planning to endorse the changes to the high court, even before he last weekend announced he was reversing course and not seeking a second term as president. Biden hinted about his plans during a call with the Congressional Progressive Caucus, a call that was part of his unsuccessful effort to keep Democrats united behind his candidacy.” (“Biden Endorses Supreme Court Reforms, Amendment To Limit Immunity,” The Washington Post, 7/29/2024)

·       “‘I’m going to need your help on the Supreme Court, because I’m about to come out — I don’t want to prematurely announce it — but I’m about to come out with a major initiative on limiting the court. … I’ve been working with constitutional scholars for the last three months, and I need some help,’ Biden said, according to a transcript of the call obtained by The Post.” (“Biden Endorses Supreme Court Reforms, Amendment To Limit Immunity,” The Washington Post, 7/29/2024)

THE WALL STREET JOURNAL EDITORIAL BOARD: “President Biden has agreed to step aside, but not to go quietly. In remarks from the Oval Office [last week], he said in his final months ‘I’m going to call for Supreme Court reform, because this is critical to our democracy.’ What a last spasm by a lame duck, demanding a rewrite of the American founding that Kamala Harris will have to defend or disavow.” (Editorial, “Biden’s Supreme Court-Smacking Plan,” The Wall Street Journal, 7/25/2024)

To Design His New Assault On The Court, Biden Consulted With Left-Wing Law Professor Laurence Tribe, Who Has Been Calling For Packing The Supreme Court

“Less than an hour after [the Supreme Court’s] decision [on presidential immunity], Biden called Laurence Tribe, a constitutional law professor at Harvard Law School, to discuss the ruling and the arguments for and against remaking the court. The next week, Biden called Tribe again, and the two discussed a Guardian opinion piece he wrote endorsing reforms to the Supreme Court. Among the options they discussed: term limits, an enforceable ethics code and the constitutional amendment to address presidential immunity.” (“Biden Endorses Supreme Court Reforms, Amendment To Limit Immunity,” The Washington Post, 7/29/2024)

·       “Tribe confirmed that he spoke with Biden but declined to comment on their discussion.” (“Biden Endorses Supreme Court Reforms, Amendment To Limit Immunity,” The Washington Post, 7/29/2024)

LAURENCE TRIBE: “We now believe that Congress must expand the size of the Supreme Court and do so as soon as possible.” (Nancy Gertner And Laurence H. Tribe, Op-Ed, “The Supreme Court Isn’t Well. The Only Hope For A Cure Is More Justices.,” The Washington Post, 12/09/2021)

·       TRIBE: “My main takeaways from this shameful decision are three: first, there is a compelling need for supreme court reform, including a plan to impose an enforceable ethics code and term limits and possibly create several added seats to offset the way Trump as president stacked the court to favor his Maga agenda ...” (Op-Ed, “How The US Supreme Court Shredded The Constitution And What Can Be Done To Repair It,” The Guardian, 7/08/2024)

Going Even Further Down This Destructive Path, Vice President Kamala Harris Has Repeatedly Signaled She Would Support Packing The Supreme Court Outright

SEN. SHELDON WHITEHOUSE (D-RI): “I couldn’t be happier that they’re moving in this direction … It’s time, and I think that Vice President Harris will be completely on board and maybe even [give] a little bit more oomph.” (“Biden Keeps Democrats Guessing On Supreme Court Changes As Some Seek Input,” Washington Examiner, 7/26/2024)

THEN-SEN. KAMALA HARRIS (D-CA): “We are on the verge of a crisis of confidence in the Supreme Court… We have to take this challenge head on, and everything is on the table to do that.” (“2020 Dems Warm To Expanding Supreme Court,” Politico, 3/18/2020)

·       HARRIS: “I am open to that discussion… No, just I’m open to it. I’m absolutely open to it.” (The New York Times, Accessed 9/13/2019)

“Sens. Kamala Harris, Elizabeth Warren and Kirsten Gillibrand told POLITICO they would not rule out expanding the Supreme Court if elected president, showcasing a new level of interest in the Democratic field on an issue that has until recently remained on the fringes of debate.” (“2020 Dems Warm To Expanding Supreme Court,” Politico¸ 3/18/2019)

·       “Democratic presidential candidate Kamala Harris said Wednesday she’s open to expanding the U.S. Supreme Court, accusing Republicans of creating a ‘crisis of confidence’ in the nation’s highest court. ‘I am interested in having that conversation,’ the California senator said in Nashua, New Hampshire, in response to a question about whether she favors adding as many as four seats to the court. ‘I’m open to this conversation about increasing the number of people on the United States Supreme Court.’” (“Kamala Harris Says She’s ‘Open’ To Expanding Supreme Court,” Bloomberg, 5/15/2019)

·       “Harris said she was open to adding more justices. ‘I think it’s a conversation that we need to have. I am open to increasing the numbers on the Supreme Court,’ she said, responding to a woman who asked about enlarging the court and prefaced her question with a complaint that McConnell ‘stole a Supreme Court seat.’ ‘The most critical issues of our lifetimes, before and in the future,’ Harris said, ‘will be decided by that United States Supreme Court.’” (“Democrats Look At Packing The Supreme Court To Pack The Vote,” CNN, 5/31/2019)

This Is Far From Theoretical: Democrats Have Introduced Legislation In Both Houses Of Congress To Pack The Supreme Court With Partisan Ideologues

Senate Democrats Have Already Introduced Legislation To Implement A Version Of Biden’s Call For Court-Packing

“Senators Sheldon Whitehouse (D-RI), Cory Booker (D-NJ), Richard Blumenthal (D-CT), and Alex Padilla (D-CA) today introduced new legislation, the Supreme Court Biennial Appointments and Term Limits Act, to establish 18-year term limits and regularized appointments for Supreme Court justices.  Senators Mazie Hirono (D-HI), Jeff Merkley (D-OR), Peter Welch (D-VT), and Brian Schatz (D-HI) also cosponsored the legislation. Under the senators’ legislation, a new justice would take the bench every two years and spend 18 years participating in all Supreme Court cases, after which the justice would be limited to hearing a small number of constitutionally required cases.” (Sen. Whitehouse, Press Release, 10/19/2023)

9 Senate Democrats are cosponsoring this legislation, including five members of the Judiciary Committee. (S.3096, 118^th Congress)

And Democrats In Congress Have Previously Introduced Even More Nakedly Partisan Court-Packing Bills

In May of 2023, Sens. Ed Markey (D-MA) Elizabeth Warren (D-MA), and Tina Smith (D-MN) reintroduced their radical bill to pack the Supreme Court, S. 1616. (S.1616, 118^th Congress)

·       “Markey and other Democrats previously introduced the legislation roughly two years ago to create a 13-justice Supreme Court...” (??“Democrats Reintroduce Supreme Court Expansion Legislation,” The Hill, 5/16/2023)

65 House Democrats also introduced a companion bill to pack the Supreme Court, H.R. 3422. (H.R.3422, 118^th Congress)

·       Among the Democrats cosponsoring the bill are two candidates for the U.S. Senate, Reps. Adam Schiff (D-CA) and Andy Kim (D-NJ). (H.R.3422, 118th Congress)

·       Cosponsors also include Rep. Ted Lieu (D-CA), a member of House Democratic Leadership, as well as the ranking members of multiple House committees: the House Judiciary (Rep. Jerry Nadler [D-NY]), Rules (Rep. Jim McGovern [D-MA]), Oversight (Rep. Jamie Raskin [D-MD]), Budget (Rep. Brendan Boyle [D-PA]), Financial Services (Rep. Maxine Waters [D-CA]), Natural Resources (Rep. Raúl Grijalva [D-AZ]), Small Business (Rep. Nydia Velázquez [D-NY]), and Veterans’ Affairs (Rep. Mark Takano [D-CA]) committees. (H.R.3422, 118th Congress; “Leadership,” U.S. House of Representatives Website, Accessed 7/29/2024; “Committees,” House Democrats Website, Accessed 7/29/2024)

·       Of course, the bill is also cosponsored by many of the most far-left House Democrats including Reps. Cori Bush (D-MO), Rashida Tlaib (D-MI), Ilhan Omar (D-MN), Mark Pocan (D-WI), Jamaal Bowman (D-NY), Ayanna Pressley (D-MA), Pramila Jayapal (D-WA), and Alexandria Ocasio-Cortez (D-NY). (H.R. 3422, 118^th Congress)

Multiple Democrat Senators Have Called Openly For Packing The Supreme Court In Order To Achieve Their Desired Political Outcomes

SEN. ED MARKEY (D-MA): “The Court’s recent decisions on presidential immunity, Chevron deference, and overturning Roe v. Wade laid bare that a far-right, extremist majority has been fully captured and plunged the Court into a crisis of confidence and legitimacy. Because we can no longer trust the current Supreme Court to uphold the words engraved on the outside of the Supreme Court – Equal Justice Under the Law - we must fight to return balance and legitimacy to this institution and expand the Court.” (Sen. Markey, Press Release, 7/25/2024)

SEN. ELIZABETH WARREN (D-MA): “Donald Trump and Mitch McConnell stole two seats on the Supreme Court, and we’re living with the consequences. I’ve said it before and I’ll say it again: it’s time to expand the Court.” (Sen. Warren, @SenWarren, Twitter, 7/02/2024)

·       WARREN: “I believe it’s time for Congress to yet again use its constitutional authority to expand the number of justices on the Supreme Court.” (Sen. Warren, Op-Ed, “Expand The Supreme Court,” The Boston Globe, 12/15/2021)

SEN. TINA SMITH (D-MN): “This Supreme Court is beholden to right-wing groups and the billionaire mega-donors that fund them. The Supreme Court is broken. The remedy is clear. Expand the Court.” (Sen. Smith, @SenTinaSmith, Twitter, 7/01/2024)

SEN. BERNIE SANDERS (I-VT): “These are just some of the dangerous rulings from a right-wing, corporate-sponsored Supreme Court that continues to serve an extremist agenda. If these conservative justices want to make public policy, they should simply quit the Supreme Court and run for political office. At a time of massive income and wealth inequality, billionaire control of our political system, and major threats to the foundations of American democracy, it is clear to me that we need real Supreme Court reform.” (Sen. Sanders, Press Release, 7/01/2024)

Other Prominent Senate Democrats Have Signaled Their Willingness To Consider Packing The Court

REPORTER: “Senator, if Biden wins the election, should he add more Supreme Court justices?”
SEN. CHUCK SCHUMER (D-NY): “It will be a decision that is -- comes to the Senate. We first have to win the majority before that can happen. But once we win the majority, god willing, everything is on the table.” (Sen. Schumer, Press Conference, 9/20/2020)

SEN. AMY KLOBUCHAR (D-MN), Senate Judiciary Committee Member: “I am open to it [expanding the size of the Supreme Court]. It depends on what happens with the Senate, if that’s realistic.” (The New York Times, Accessed 3/29/2022)

“Sen. Mazie Hirono, D-Hawaii, said she has been ‘talking with people who have different ideas about what we can do — including adding to the court, including having certain circuit court judges cycle in and other ideas’ like term limits. ‘I’m open to those kinds of suggestions,’ she said.” (“Democrats Warn GOP: Don’t Fill A Supreme Court Vacancy In 2020 Or We’ll Retaliate,” NBC News, 8/3/2020)

·       “Hirono promised that there would be a ‘hue and cry’ if Republicans were to move to fill a vacancy this year — and she suggested she’s sympathetic to the progressive push to restructure the judiciary even if that doesn’t happen.” (“Democrats Warn GOP: Don’t Fill A Supreme Court Vacancy In 2020 Or We’ll Retaliate,” NBC News, 8/3/2020)

SEN. CORY BOOKER (D-NJ): “I’m taking nothing off the table.” (The Washington Post, Accessed 9/18/2019)

SEN. TIM KAINE (D-VA): “[I]f they act in such a way, they may push it [expanding the Supreme Court] to an inevitability. So they need to be careful about that.” (“Democrats Warn GOP: Don’t Fill A Supreme Court Vacancy In 2020 Or We’ll Retaliate,” NBC News, 8/3/2020)

Biden’s Announcement Today Is The Most Recent Assault In A Years-Long Campaign By Democrats To Threaten, Attack, And Delegitimize The Supreme Court

The President And Vice President Have Declared The Supreme Court ‘Not Normal’ And Claimed ‘Its Fairness Has Been Called Into Question’

PRESIDENT JOE BIDEN: “What is happening now is not normal … We now stand in a breach.” (Pres. Biden, Op-Ed, “My Plan To Reform The Supreme Court And Ensure No President Is Above The Law,” The Washington Post, 7/29/2024)

·       PRESIDENT BIDEN: “This is not a normal court.” (The New York Times, 7/13/2023)

VICE PRESIDENT KAMALA HARRIS: “[T]here is a clear crisis of confidence facing the Supreme Court as its fairness has been called into question…” (Bloomberg’s Josh Wingrove, @josh_wingrove, Twitter, 7/29/2024)

Chuck Schumer, Now The Senate Majority Leader, Stood On The Steps Of The Supreme Court And Threatened Justices If They Didn’t Rule The Way He Wanted In A Case

SEN. CHUCK SCHUMER (D-NY): “I want to tell you, Gorsuch; I want to tell you, Kavanaugh: You have released the whirlwind, and you will pay the price. You won’t know what hit you if you go forward with these awful decisions.” (“Roberts Rebukes Schumer For Saying Justices Will ‘Pay The Price’ For A Vote Against Abortion Rights,” The Washington Post, 3/04/2020)

SCHUMER: “This disgraceful decision by the MAGA SCOTUS … undermines SCOTUS’s credibility and suggests political influence trumps all in our courts today.” (Sen. Schumer, @SenSchumer, Twitter, 7/01/2024)

·       SCHUMER: “[T]he Supreme Court’s ruling in Trump v. United States is just the finishing touch on one of the most destructive Supreme Court terms in modern history…. It is plain as day – plain as day – this MAGA majority is hell-bent on siphoning power away from the electorate and from the other branches in order to reshape America in their ultra-conservative and extreme vision.” (Sen. Schumer, Remarks, 7/08/2024)

In An Amicus Brief, Several Senate Democrats Threatened The Supreme Court With Being ‘Restructured’ If The Justices Did Not Rule The Way They Wanted In A Case

SENS. SHELDON WHITEHOUSE (D-RI), DICK DURBIN (D-IL), MAZIE HIRONO (D-HI), RICHARD BLUMENTHAL (D-CT), and KIRSTEN GILLIBRAND (D-NY): “The Supreme Court is not well. And the people know it. Perhaps the Court can heal itself before the public demands it be ‘restructured in order to reduce the influence of politics.’” (New York State Rifle & Pistol Association, Inc. v. City of New York, Brief Of Senators Sheldon Whitehouse, Mazie Hirono, Richard Blumenthal, Richard Durbin, And Kirsten Gillibrand As Amici Curiae In Support Of Respondents, 8/12/2019)

ALL SENATE REPUBLICANS: “[O]ur colleagues did more than raise legal arguments in favor of mootness.  They openly threatened this Court with political retribution if it failed to dismiss the petition as moot…. Democrats in Congress, and on the presidential campaign trail, have peddled plans to pack this Court with more justices in order to further their radical legislative agenda.  It’s one thing for politicians to peddle these ideas in Tweets or on the stump. But the Democrats’ amicus brief demonstrates that their court-packing plans are more than mere pandering. They are a direct, immediate threat to the independence of the judiciary and the rights of all Americans.” (Republican Senators, Letter to Scott S. Harris, Clerk for the Supreme Court of the United States, 8/29/2019)

Sen. Sheldon Whitehouse Has Dedicated A Series Of Speeches To Undermining The Legitimacy Of The Supreme Court, Declaring It ‘Rotten’ And Smearing The Justices As ‘Deeply Corrupt’

SEN. SHELDON WHITEHOUSE (D-RI), Senate Judiciary Committee Member: “The American people may not be able to see all of the rot, but they can see enough to know that something is rotten over there across First Street at that Court. We must set it right.” (Sen. Whitehouse, Remarks, 11/16/2021)

·       WHITEHOUSE: “This commission served its purpose of killing time for the administration to avoid confronting the deep rot at the Supreme Court. The American people are fast losing confidence in the independence of the Court, and who can blame them? Either we grapple with the Court’s very real and very big problems, or, as Justice Sotomayor said, the persistent ‘stench’ of the Republican majority’s partisan decisions will damage this precious institution beyond repair.” (Sen. Whitehouse, Press Release, 12/7/2021)

·       WHITEHOUSE: “[L]et’s get real. You don’t apply gale-force political pressure for judges who are just going to call balls and strikes…. You want judges who will throw the game for you. You want what you paid for—a captured Court. And if you look at its track record, that is this Court. It is the Court that dark money built, and it is delivering.” (Sen. Whitehouse, Remarks, 9/20/2021)

WHITEHOUSE: “We face three huge threats: persistent internal attacks on our democracy, unbridled climate upheaval, and a captured Court with some deeply corrupt justices…. We are in a war for our future and we should behave that way.” (Sen. Whitehouse, @SenWhitehouse, Twitter, 7/01/2024)

WHITEHOUSE: “At his hearing, Justice Roberts infamously said he would just call balls and strikes, but this pattern … of the Roberts Five qualifies him to have NASCAR-style corporate badges on his robes.” (U.S. Senate Judiciary Committee Hearing, 9/04/2018)

WHITEHOUSE: “Gorsuch is the single most corporate-friendly Justice on a Court already full of them, ruling for big business interests …” (U.S. Senate Judiciary Committee Hearing, 9/04/2018)

During An Impeachment Trial, Sen. Elizabeth Warren Called Into Question The ‘Legitimacy Of The Chief Justice, The Supreme Court, And The Constitution’

SEN. ELIZABETH WARREN (D-MA): “At a time when large majorities of Americans have lost faith in government, does the fact that the Chief Justice is presiding over an impeachment trial in which Republican senators have thus far refused to allow witnesses or evidence contribute to the loss of legitimacy of the Chief Justice, the Supreme Court, and the Constitution?” (Congressional Record, S.717, 1/30/2020)

·       WARREN: “[W]e’ve got a Supreme Court that is actively undermining our democracy.” (“Elizabeth Warren: ‘Supreme Court Is On The Ballot,’” Politico¸ 7/28/2024)

Other Democrat Senators Spew Venom At ‘A Stolen, Illegitimate, And Far-Right Supreme Court,’ Outrageously Accusing The Justices Of Being ‘Nakedly Partisan Hacks’

SEN. RICHARD BLUMENTHAL (D-CT), Senate Judiciary Committee Member: “My stomach turns with fear and anger that our democracy can be so endangered by an out-of-control Court. The members of Court’s conservative majority will now be rightly perceived by the American people as extreme and nakedly partisan hacks – politicians in robes.” (Sen. Blumenthal, Press Release, 7/01/2024)

·       BLUMENTHAL: “In its radical extremism and ethical blindness, the nation’s highest court seems to put itself above the law, answerable to no one.” (Sen. Blumenthal, Press Release, 6/30/2023)

·       Sen. Richard Blumenthal (D-CT) “[s]ays the [Supreme Court] nominee should ‘reset’ a court that has ‘destroyed’ its credibility.” (CNN’s Manu Raju, @mkraju, Twitter, 2/10/2022)

SEN. PETER WELCH (D-VT), Senate Judiciary Committee Member: “This Court has lost all credibility—made painfully clear by the fact that Justice Thomas and Justice Alito refused to recuse themselves from this case despite their glaring lack of impartiality.” (Sen. Welch, Press Release, 7/01/2024)

SEN. ALEX PADILLA (D-CA), Senate Judiciary Committee Member: “Today, former President Trump’s handpicked justices have cast aside our nation’s bedrock principle of the rule of law … Before today, America’s judicial system was rooted in the simple but fundamental principle that no one is above the law.” (Sen. Padilla, Press Release, 7/01/2024)

SEN. ED MARKEY (D-MA): “The far-right extremist majority has politicized our highest court [and] undermined its legitimacy … This is a rogue, untethered, and damaging Supreme Court. MAGA extremist justices also are ignoring the festering corruption in their ranks. We need justices committed to justice. Stolen seats filled with partisan hacks lead to alarming results. Today’s ruling is devastating to our democracy. We must reclaim the stolen seats, restore balance and legitimacy to the Court, and begin to undo the damage the MAGA Republican party has wrought.” (Sen. Markey, Press Release, 7/01/2024)

·       MARKEY: “We have a stilted, illegitimate, 6-3 conservative majority on the court that has caused this crisis of confidence in our country …” (Sen. Markey, Remarks, 4/15/2021)

·       MARKEY: “A stolen, illegitimate, and far-right Supreme Court is responsible for making life-or-death decisions on issues from abortion rights to gun control to voting rights. That’s why we are building a national movement to expand the court...” (Sen. Markey, @EdMarkey, Twitter 10/26/2021)

·       MARKEY: “I’m live in Boston to blast our illegitimate Supreme Court’s decision to strike down affirmative action.” (Sen. Markey, @SenMarkey, Twitter, 6/29/2023)

SEN. RON WYDEN (D-OR): “Today’s Supreme Court decision on presidential immunity adds to the sordid record of dangerous decisions by this court’s nakedly partisan majority that take a wrecking ball to the pillars of American democracy.” (Sen. Wyden, @RonWyden, Twitter, 7/01/2024)

SEN. JEFF MERKLEY (D-OR): “This is a naked power grab by the corrupt MAGA Supreme Court…. The Court’s goal is to make themselves a super legislature that can impose the MAGA agenda of maximizing corporate power … This Supreme Court decision is a direct assault on government ‘of, by, and for the people’ and clarifies who the Court really works for—the privileged and the powerful. The Court’s attack on the separation of powers is also a direct assault on our Constitution. Today is a dark day for our republic and the well-being of our citizens.” (Sen. Merkley, Press Release, 6/28/2024)

·       MERKLEY: “Five unelected justices acting as a super legislature are rolling over Americans’ rights. We are in big trouble. I won’t stop fighting to #PassWHPA and codify abortion care for all into federal law.” (Sen. Merkley, @SenJeffMerkley, Twitter, 5/02/2022)

SEN. CHRIS MURPHY (D-CT): “It’s never been clearer that this is a radical court hellbent on enacting an extremist agenda by any means necessary.” (Sen. Murphy, Press Release, 6/28/2024)

SEN. JOHN FETTERMAN (D-PA): “These Justices don’t care about the rule of law. This is a YOLO court, and if they’re wondering why so many Americans no longer have trust in the institution, they have only themselves to thank.” (Sen. Fetterman, @SenFettermanPA, Twitter, 6/30/2023)

House Democrat Leaders Have Joined In Too, Saying, ‘I Don’t Trust The Supreme Court One Bit’ And Declaring ‘The Supreme Court Majority Has Zero Legitimacy,’ Suggesting The ‘Ghosts Of The Confederacy Are Alive And Well’

FORMER HOUSE SPEAKER NANCY PELOSI (D-CA): “I don’t trust the Supreme Court one bit…. Even the court cases they have decided in our favor, they said they will revisit, and it’s just appalling.” (“Nancy Pelosi: All Trump SCOTUS Justices Should Recuse From Election Decisions,” Huffington Post, 10/30/2020)

·       PELOSI: “The president is installing an illegitimate Supreme Court justice …” (“Pelosi: Amy Coney Barrett ‘An Illegitimate Supreme Court Justice,’” The Hill, 11/03/2020)

HOUSE MINORITY LEADER HAKEEM JEFFRIES (D-NY): “The Supreme Court majority has zero legitimacy. Ghosts of the confederacy are alive and well.” (Rep. Jeffries, @RepJeffries, Twitter 2/08/2022)

REMINDER: Over The Past Year, Demand Justice And Other Far-Left Special Interest Groups Have Been Pushing Democrats To ‘Go Beyond Just Disagreeing With The Court’s Decisions And Attack It As An Institution’ In Order To Pave The Way For Packing The Court

“[P]rogressive activists and leading members of [the Democratic Party] have been urging: Go beyond just disagreeing with the court’s decisions and attack it as an institution. Single out its six conservative justices as corrupt MAGA Republicans who are in the pocket of special interests. Question the conservative court’s very legitimacy.” (The New York Times, 7/13/2023)

“Adam Green, the co-founder of the Progressive Change Campaign Committee, has urged Democratic politicians to accuse the court of having a ‘legitimacy crisis.’ ‘We’d like to amplify anyone who uses this corruption/legitimacy messaging,’ Mr. Green wrote to lawmakers a few weeks ago. ‘Do you think your office can work this line into public statements as decisions come down?’ ‘Critiquing the institution, if done at a high crescendo, hopefully gets the court to be on their best behavior in the future,’ Mr. Green said.” (The New York Times, 7/13/2023)

“Brian Fallon is troubled by the impact of all the recent rulings, but he isn’t letting that distract him from trying to put in place the political foundation for a seismic change: expanding the number of justices on the Supreme Court … Five years ago, Fallon, who has previously held senior jobs with Senator Chuck Schumer, Attorney General Eric Holder, and 2016 presidential nominee Hillary Clinton, launched the advocacy group Demand Justice.” (Vanity Fair, 7/03/2023)

·       FALLON: “Our approach [at Demand Justice] has been to try to be an insurgent and say, No, the whole thing is not on the level. And the people that tell you otherwise are just captive to the institution…. Start taking on the court rhetorically as a political villain …” (Vanity Fair, 7/05/2022)

·       FALLON: “SCOTUS leaks are good. Elite lawyers on both the left and right treating the Court as precious all these years have just been giving cover to an institution that is wholly unaccountable. Rip the veil off.” (Brian Fallon, @brianefallon, Twitter, 5/03/2022)

SARAH LIPTON-LUBET, President of Take Back the Court Action Fund: “With its utter disregard for ethics, constitutional precedent, and the health and wellbeing of Americans, the Supreme Court has lost the public’s trust. The only way to rebuild faith in the Court is to restore balance, integrity, and independence by adding seats.” (Sen. Markey, Press Release, 5/16/2023)