05.03.22

Democrats Are Disgracefully Eager To Burn Down The Institutions Of Our Constitutional Government

Following Last Night’s Unprecedented Leak Of A Draft Supreme Court Opinion In A Brazen Attempt To Influence The Court, Democrats Immediately Resumed Their Assaults On The Integrity Of Both The Supreme Court And The United States Senate

 

SENATE REPUBLICAN LEADER MITCH McCONNELL (R-KY): “Last night’s stunning breach was an attack on the independence of the Supreme Court. By every indication, this was yet another escalation in the radical left’s ongoing campaign to bully and intimidate federal judges and substitute mob rule for the rule of law. The disgraceful statements by President Biden, Speaker Pelosi, and Leader Schumer refuse to defend judicial independence and the rule of law and instead play into this toxic spectacle. Real leaders should defend the Court’s independence unconditionally. This lawless action should be investigated and punished as fully as possible. The Chief Justice must get to the bottom of it and the Department of Justice must pursue criminal charges if applicable. All nine Justices should tune out the bad-faith noise and feel totally free to do their jobs, following the facts and the law where they lead.” (Sen. McConnell, Press Release, 5/03/2022)

 

Leader McConnell Last Year: ‘Judicial Independence Is As Fragile As It Is Important … It Would Be Beyond Reckless For Democrats To Smash This Centuries-Old Safeguard In A Fit Of Partisan Pique … The Left Hopes That A Manufactured Cloud Of Fake Concerns About The Court’s Legitimacy May Be Enough To Change Which Cases The Court Decides To Hear, How It Hears Them And What Rulings It Hands Down’

LEADER McCONNELL: “Judicial independence is as fragile as it is important. The Framers of our Constitution took great pains to protect it. One of the most important safeguards is the fact that federal judges serve for life. Alexander Hamilton laid it out in Federalist 78: Since the judiciary is ‘in continual jeopardy of being overpowered, awed, or influenced by its coordinate branches . . . nothing can contribute so much to its firmness and independence as permanency in office.’ Hamilton concluded, and his fellow founders agreed, that life tenure was ‘indispensable.’ Every single American deserves every possible guarantee that they will receive impartial justice. It would be beyond reckless for Democrats to smash this centuries-old safeguard in a fit of partisan pique.” (Sen. McConnell, Op-Ed, “Mitch McConnell: Democrats, Leave The Supreme Court Alone,” The Washington Post, 11/11/2021)

  • “Even if Democrats fail at structurally changing the court, they could still succeed at applying improper pressure. The left wants to prey on justices’ instincts to protect their institution by having ‘court reform’ hang over them like a sword of Damocles. The left hopes that a manufactured cloud of fake concerns about the court’s legitimacy may be enough to change which cases the court decides to hear, how it hears them and what rulings it hands down. But if the justices fell into Democrats’ trap and let political threats change legal outcomes, they would not be shoring up their institution, but undermining it. It would poison the actual source of the court’s legitimacy — its impartiality. Moreover, appeasement would not even end the threats and reckless tactics. It would guarantee more. Hostage-takers will not settle for half a loaf.” (Sen. McConnell, Op-Ed, “Mitch McConnell: Democrats, Leave The Supreme Court Alone,” The Washington Post, 11/11/2021)

 

Following Last Night’s Outrageous Leak, Democrats Instantly Returned To Attacking The Institution Of The Supreme Court Or Demanding Another Attempt To Blow Up The Institution Of The Senate

The Speaker Of The House And The Senate Majority Leader Said Justices ‘Ripped Up The Constitution And Defiled Both Precedent And The Supreme Court’s Reputation’

SENATE MAJORITY LEADER CHUCK SCHUMER (D-NY) AND HOUSE SPEAKER NANCY PELOSI (D-CA): “The Republican-appointed Justices’ reported votes to overturn Roe v. Wade would go down as an abomination, one of the worst and most damaging decisions in modern history. Several of these conservative Justices, who are in no way accountable to the American people, have lied to the U.S. Senate, ripped up the Constitution and defiled both precedent and the Supreme Court’s reputation – all at the expense of tens of millions of women who could soon be stripped of their bodily autonomy and the constitutional rights they’ve relied on for half a century. The party of Lincoln and Eisenhower has now completely devolved into the party of Trump. Every Republican Senator who supported Senator McConnell and voted for Trump Justices pretending that this day would never come will now have to explain themselves to the American people.” (Sen. Schumer and Speaker Pelosi, Press Release, 5/02/2022)

Last Night, Many Senate Democrats Shamefully Smeared The Supreme Court

SEN. ED MARKEY (D-MA): “A stolen, illegitimate, and far-right Supreme Court majority appears set to destroy the right to abortion, an essential right which protects the health, safety, and freedom of millions of Americans. There is no other recourse. We must expand the court.” (Sen. Markey, @SenMarkey, Twitter, 5/02/2022)

SEN. ELIZABETH WARREN (D-MA): “An extremist Supreme Court is poised to overturn #RoeVWade and impose its far-right, unpopular views on the entire country. It's time for the millions who support the Constitution and abortion rights to stand up and make their voices heard. We're not going back—not ever.” (Sen. Warren, @SenWarren, Twitter, 5/02/2022)

SEN. JEFF MERKLEY (D-OR): “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. SHELDON WHITEHOUSE (D-RI): “If the majority Republican justices stay the course, this decision will go down as one of the most supremely political acts in Supreme Court history.” (Sen. Whitehouse, @SenWhitehouse, Twitter, 5/03/2022)

  • WHITEHOUSE: “I hope the Republican justices seriously reconsider a decision to upend nearly 50 years of precedent and harm millions. It would be a blow from which the Court may not recover, and which would fall squarely on women of this country.” (Sen. Whitehouse, @SenWhitehouse, Twitter, 5/03/2022)

SEN. TINA SMITH (D-MN): “President Trump stole two Supreme Court seats. And Republicans will have to answer for their role in this attack on women’s freedom and equality. Let’s get organized and get to work.” (Sen. Smith, Press Release, 5/02/2022)

SEN. TIM KAINE (D-VA): “The draft opinion shows why the Senate GOP denied Merrick Garland a hearing and rushed Amy Coney Barrett’s confirmation. 2 stolen seats = Taking away women’s rights. It’s been the goal all along.” (Sen. Kaine, @timkaine, Twitter, 5/03/2022)

Others Called For Using The Nuclear Option To Break The Institution Of The Senate And Eliminate The Filibuster

SEN. BERNIE SANDERS (I-VT): “Congress must pass legislation that codifies Roe v. Wade as the law of the land in this country NOW. And if there aren’t 60 votes in the Senate to do it, and there are not, we must end the filibuster to pass it with 50 votes.” (Sen. Sanders, @SenSanders, Twitter, 5/02/2022)

SEN. BEN RAY LUJAN (D-NM): “This is unconscionable. The Court is prepared to undo 50 years of reproductive freedom in overturning Roe v. Wade, an outright attack on women’s health. It’s time to abolish the filibuster & vote on the Women’s Health Protection Act, now.” (Sen. Lujan, @SenatorLujan, Twitter. 5/02/2022)

SEN. KIRSTEN GILLIBRAND (D-NY): “The leaked draft majority opinion overturning Roe v. Wade reveals that the Supreme Court's right-wing majority is poised to destroy the fundamental human and reproductive rights of millions of women, willfully disregarding public opinion and court precedent.” (Sen. Gillibrand, @gillibrandny, Twitter, 5/02/2022)

SEN. MAZIE HIRONO (D-HI): “Women in this country will soon wake up and realize they no longer have control over their own bodies. Alito’s fervent wish is about to come true, thanks to the Trump Justices. Republicans have sabotaged the Court—and women across the country are about to pay the price.” (Sen. Hirono, @maziehirono, Twitter, 5/02/2022)

“Dem VT Sen Leahy on if the Senate should get rid of the filibuster now to codify Roe; Of course.” (Fox News’ Chad Pergram, @ChadPergram, Twitter, 5/03/2022)

And Democrats Running For Senate Seats Were Even More Strident In Calling For The Filibuster To Be Abolished Or To Pack The Supreme Court


REP. TIM RYAN (D-OH): “We cannot sit back and allow the Supreme Court to gut Ohioans’ must fundamental rights. Control of the Senate has never been more important: it’s time to end the filibuster, pass the Women’s Health Protection Act, and fight like hell to make sure all Ohio families are free to make these critical decisions without interference from politicians in Columbus or Washington.” (The Hill’s Julia Manchester, @JuliaManch, Twitter, 5/02/2022)

LT. GOV. JOHN FETTERMAN (D-PA): “Let's be clear: The right to an abortion is sacred. Democrats have to act quickly - get rid of the filibuster to pass the Women's Health Protection Act + finally codify Roe into law. We cannot afford to wait.” (Lt. Gov. Fetterman, @JohnFetterman, Twitter, 5/2/2022)

STATE REP. MALCOLM KENYATTA (D-PA): “The Supreme Court won’t stop at destroying Roe. If they are willing to overturn this precedent than any other can be next. Yes we need to end the Jim Crow filibuster and pass the WHPA. But we must to do more. We need to expand the Supreme Court which McConnell packed.” (Rep. Kenyatta. @malcolmkenyatta, Twitter, 5/03/2022)

LT. GOV. MANDELA BARNES (D-WI): “The Supreme Court is reportedly voting to strike down Roe v. Wade. The Senate must immediately act to eliminate the filibuster and protect abortion rights and access to reproductive health care.” (Lt. Gov. Barnes, @TheOtherMandela, Twitter, 5/2/2022)

OUTAGAMIE COUNTY WI EXECUTIVE TOM NELSON (D): “The Supreme Court has shown their hand. Senator Chuck Schumer must call a special session to blow up the filibuster and codify Roe now.” (The Hill’s Julia Manchester, @JuliaManch, Twitter, 5/02/2022)

TREASURER SARAH GODLEWSKI (D-WI): “Democrats need to act NOW—end the filibuster, codify Roe, and defend reproductive freedom.” (“Democratic Senate Candidates Urge Eliminating Filibuster And Passing Bill Protecting Abortion Rights,” CNN, 5/03/2022)

FORMER NC SUPREME COURT CHIEF JUSTICE CHERI BEASLEY (D): “Washington's failure to eliminate the filibuster and codify Roe v. Wade to protect our rights has shown us exactly what is at stake.” (“Democratic Candidates Call On Senate To Nix Filibuster For Roe,” Axios, 5/03/2022)

FORMER PENTAGON OFFICIAL LUCAS KUNCE (D-MO): “Get rid of the filibuster and protect Americans' right to an abortion. Not ready? Get the hell out of the way.” (Lucas Kunce, @LucasKunceMO, TRwitter, 5/02/2022)

 

And Influential Far Left Dark Money Group Demand Justice Is Cheering On Democrats To Attack Institution After Institution

BRIAN FALLON, Executive Director of Demand Justice: “Is a brave clerk taking this unpredecented step of leaking a draft opinion to warn the country what's coming in a last-ditch Hail Mary attempt to see if the public response might cause the Court to reconsider?” (Brian Fallon, @brianefallon, Twitter, 5/02/2022)

  • FALLON: “All Democrats need to show the same urgency as the clerk who apparently risked his or her career to sound this alarm. Those on the inside know best how broken the institution is. We should listen.” (Brian Fallon, @brianefallon, Twitter, 5/02/2022)
  • 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)

 

REMINDER: Democrats Have Repeatedly Threatened, Attacked, Or Delegitimized The Supreme Court Over The Last Several Years

Senate Democrats Have A Disgraceful History Of Delegitimizing The Supreme Court

Chuck Schumer 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)

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 53 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)

Sheldon Whitehouse Has Dedicated A Series Of Speeches To Undermining The Legitimacy Of The Supreme Court, Calling It ‘Rotten,’ And Has Outrageously Painted Justices As Stooges For Corporations

SEN. SHELDON WHITEHOUSE (D-RI): “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 Even Smeared The Chief Justice, Saying He Should ‘Have NASCAR-Style Corporate Badges On His Robes’

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, 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)

Other Democrat Senators Spew Venom At ‘A Stolen, Illegitimate, And Far-Right Supreme Court’ And A Court That Has ‘Destroyed’ Its Credibility

SEN. ED MARKEY (D-MA): “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)

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)

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’

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)

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

 

Democrats Have Introduced Legislation In Both Houses Of Congress To Pack The Supreme Court With Partisan Ideologues

In April of last year, Sen. Ed Markey (D-MA) introduced his radical bill to pack the Supreme Court, S. 1141. (S.1141, 117th Congress)

  • The bill is cosponsored by former presidential candidate Sen. Elizabeth Warren (D-MA) and Sen. Tina Smith (D-MN). (S.1141, 117th Congress)

A group of House Democrats also introduced a companion bill to pack the Supreme Court, H.R. 2584. (H.R.2584, 117th Congress)

  • Among them are SEVEN House Committee chairs: Rep. Jerry Nadler (D-NY), House Judiciary Committee; Rep. John Yarmuth (D-KY), House Budget Committee; Rep. Maxine Waters (D-CA), House Financial Services Committee; Rep. Raul Grijalva (D-AZ), House Natural Resources Committee; Rep. Nydia Velazquez (D-NY); Rep. Carolyn Maloney (D-NY), House Oversight Committee; and Rep. Mark Takano (D-CA), House Veterans’ Affairs Committee. (H.R.2584, 117th Congress)
  • The bill is also cosponsored by far-left House Democrats including Reps. Mondiare Jones (D-NY), Cori Bush (D-MO), Rashida Tlaib (D-MI). Ilhan Omar (D-MN), Mark Pocan (D-WI), Jamaal Bowman (D-NY), Ayanna Pressley (D-MA), and Alexandria Ocasio-Cortez (D-NY). (H.R.2584, 117th Congress)

Markey, The Senate Sponsor, Even Called On Democrats To Use A Partisan Power Grab In The Legislative Branch To Facilitate An Extreme Partisan Power Grab Of The Judicial Branch

MARKEY: “This legislation will restore the Court’s balance and public standing and begin to repair the damage done to our judiciary and democracy, and we should abolish the filibuster to ensure we can pass it.” (Sen. Markey, Press Release, 4/15/2021)

The Democrats Introducing This Assault On An Independent Judiciary Weren’t Even Shy About Describing Its Purely Partisan Nature

“A group of House and Senate Democrats on Thursday introduced legislation to expand the Supreme Court from 9 members to 13, trying to spur momentum for the first change in the makeup of the court in 150 years.” (The New York Times, 4/15/2021)

MARKEY: “We are here today because the United States Supreme Court is broken. It is out of balance, and it needs to be fixed… And we do it by adding four seats to Court to create a thirteen member Supreme Court. These four new seats, to be filled by President Biden, will reconstitute the United States Supreme Court.” (Sen. Markey, Press Conference, 4/15/2021)

Senate Democrats Have Encouraged The Far-Left Push For Court Packing Through Repeated Statements Signaling Their Receptiveness To It

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)

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.”
REPORTER: “Senator, just to follow up on that, at this time, do you consider abolishing the filibuster.”
SCHUMER: “We first have to win the majority. If we don’t win the majority, these questions are all moot. If we win the majority, everything is on the table.” (Sen. Schumer, Press Conference, 9/20/2020)

  • SCHUMER: “All I’ve said is our first job is to get the majority back and everything is on the table. But it was – everything is on the table. We are going to look at how we can produce change. … Everything is on the table. My Senate Democratic colleagues and candidates know America needs some change and we’re going to figure out the best way to do it.” (Sen. Schumer, Press Conference, 9/22/2020)

“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 … Driving the push are liberal groups like Demand Justice and Indivisible …” (“2020 Dems Warm To Expanding Supreme Court,” Politico, 3/18/2020)

SEN. AMY KLOBUCHAR (D-MN): “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)

CNN’s JOHN BERMAN: “Joe Biden was asked last night repeatedly if he wins the election, would he favor adding more justices in the Supreme Court. He would not answer that question. Where do you stand on that?”
SEN. MAZIE HIRONO (D-HI): “This is long overdue court reform as far as I’m concerned and I have been thinking about court reform and what we can do regarding the Supreme Court to make it so much more objective. And so, this is not something that a lot of us have not thought about.”
BERMAN: “Joe Biden would not take a position on adding justices to the court last night. What do you feel like you need to here from him on that subject?”
HIRONO: “What I get from Joe Biden is, first and foremost, he has to get elected. Let’s keep our eye on the ball. … So, first and foremost, Joe Biden has to get elected. Kamala Harris has to get elected. Democrats need to get elected to the Senate. We need to take back the Senate so we can address some of the hypothetical things you’re taking about which I have been thinking about for years now.” (CNN, 9/22/2020)

  • HIRONO: “In the meantime we are going to explore every avenue to stop Mitch McConnell from stealing yet another Supreme Court seat.”
    MSNBC’s JOY REID: “And does that include potentially making it clear that Democrats will vote on D.C. statehood and Puerto Rico statehood immediately upon taking power and taking control of the Senate? That expanding the Supreme Court as Neal Katyal and others have said would be a completely legitimate response, saying, okay, there will be 15 seats on the Supreme Court now. That’s going to happen if he goes for this and in getting rid of the filibuster in the next United States Senate?”
    HIRONO: “All of those matters will be on the agenda.” (MSNBC’s “AM Joy,” 9/19/2020)

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)

House Speaker Nancy Pelosi Has Also Said Packing The Court Is ‘An Idea That Should Be Considered’

HOUSE SPEAKER NANCY PELOSI (D-CA): “I think it’s [expanding the Supreme Court] an idea that should be considered and I think the president is taking the right approach to have a commission to study such a thing. It’s a big step. It’s not out of the question. It has been done before in the history of our country a long time ago. And the growth of our country--the size of our country, the growth of our challenges and terms of the economy, etcetera might necessitate such a thing.” (Speaker Pelosi, Press Conference, 4/15/2021)

 

Democrats Have Also Tried To Attack And Break The Institution Of The U.S. Senate

In January, Schumer Led 48 Democrats In An Attempt To Eliminate The Senate Filibuster, Which He Once Said Would Be ‘A Doomsday For Democracy’ And His Deputy Said Would Mean ‘The End Of The Senate As It Was Originally Devised And Created’

In January 48 Democrats, led by Sen. Schumer, voted to use the nuclear option to eliminate the Senate filibuster for legislation. (H.R.5746, Roll Call Vote #10: Decision of Chair Sustained, R: 50-0; D: 2-46; I 0-2, 1/19/2022)

Democrat Leaders Once Said Such An Action Would  ‘Make This Country Into A Banana Republic Where If You Don’t Get Your Way, You Change The Rules’

SEN. CHUCK SCHUMER (D-NY): “The bottom line is very simple: the ideologues in the Senate want to turn what the Founding Fathers called the cooling saucer of democracy into the rubber stamp of dictatorship.” (Sen. Schumer, Remarks to MoveOn.org Rally, 3/16/2005)

  • SCHUMER: “They want, because they can’t get their way … to change the rules in midstream, to wash away 200 years of history. They want to make this country into a banana republic where if you don’t get your way, you change the rules! … It’ll be a doomsday for democracy if we do.” (Sen. Schumer, Remarks to MoveOn.org Rally, 3/16/2005)

ABC’s GEORGE STEPHANOPOULOS: “What about that nuclear option, doing away with the filibuster?”
SEN. DICK DURBIN (D-IL): “Well, I can tell you that would be the end of the Senate as it was originally devised and created going back to our Founding Fathers. We have to acknowledge our respect for the minority, and that is what the Senate tries to do in its composition and in its procedure.” (ABC’s “This Week with George Stephanopoulos,” 1/21/2018)

And When He Was A Senator, Joe Biden Called Using The Nuclear Option To Eliminate The Senate Filibuster ‘The Ultimate Act Of Unfairness To Alter The Unique Responsibility Of The Senate And To Do So By Breaking The Very Rules Of The Senate’

THEN-SEN. JOE BIDEN (D-DE): “I have been here 32 years, most of the time in the majority. Whenever you are in the majority, it is frustrating to see the other side block a bill or a nominee you support. I have walked in your shoes, and I get it…. Getting rid of the filibuster has long-term consequences. If there is one thing I have learned in my years here, once you change the rules and surrender the Senate’s institutional power, you never get it back. And we are about to break the rules to change the rules.” (Sen. Biden, Congressional Record, S.5736-5737, 5/23/2005)

  • BIDEN: “This is being done in the name of fairness? Quite frankly, it is the ultimate act of unfairness to alter the unique responsibility of the Senate and to do so by breaking the very rules of the Senate.” (Sen. Biden, Congressional Record, S.5735, 5/23/2005)

 

Democrats Spent Years Leading Up To Their Current Senate Majority Suggesting They Would Try To Eliminate The Senate Filibuster

Going Back To 2019 Chuck Schumer Repeatedly Suggested That He’d Be Open To Eliminating The Filibuster, As Long As Democrats Had A Majority

JULY 2019: “Schumer on if he’d go nuclear on the filibuster for legislation (going to simple majority instead of 60 votes): ‘Nothing’s off the table,’ he says.” (WSJ’s Josh Jamerson, @joshjame, Twitter, 7/16/2019)

JULY 2020: “‘Once we get the majority we’ll discuss it in our caucus. Nothing’s off the table,’ Schumer says when asked if he’s supportive of eliminating the filibuster.” (Huffington Post’s Igor Bobic, @igorbobic, Twitter, 7/21/2020)

REPORTER: “Leader Schumer, former Vice President Biden recently suggested that he would be open to supporting eliminating the filibuster if Republicans obstruct his agenda. Where--where do you stand on that? Are you more receptive to taking a look at doing a job?”
SCHUMER: “Look, job number one is for us to get the majority. We don't take anything for granted, but it's looking better and better. And once we get the majority, we'll discuss it in our caucus. Nothing's off the table.” (Sen. Schumer, Press Conference, 7/21/2020)

AUGUST 2020: “On the day that Democratic presidential nominee Joe Biden delivers his acceptance speech, Senate Minority Leader Charles E. Schumer made clear that eliminating the chamber’s legislative filibuster will be on the table if Democrats sweep into the majority with Biden in November. ‘We have a moral imperative to the people of America to get a whole lot done if we get the majority, which, God willing, we will, and keep it in the House, and Biden becomes president, and nothing is off the table,’ the New York Democrat said Thursday.” (“Schumer: Senate Democrats Would Ditch Filibuster If Needed To Push Biden’s Agenda Through,” Roll Call, 8/20/2020)

SEPTEMBER 2020: MSNBC’s JOY REID: “Would that include adding, if the Senate becomes a Democratic majority, adding D.C. and Puerto Rico as states and ending the filibuster?”
SCHUMER: “Believe me, on D.C. and Puerto Rico -- particularly if Puerto Rico votes for it, D.C. already has voted for it and wants it – I would love to make them states…. And as for the filibuster, I'm not busting my chops to become majority leader to do very little or nothing. We are going to get a whole lot done, and as I've said, everything, everything is on the table.” (MSNBC 9/30/2020)

A Number Of Prominent Senate Democrats Were Also Agitating To ‘Do Away With The Filibuster’ In 2019

THEN-SEN. KAMALA HARRIS (D-CA): “I am prepared to get rid of the filibuster to pass a Green New Deal.” (CNN, 9/4/2019)

SEN. ELIZABETH WARREN (D-MA): “We’re done with having two sets of rules. When Democrats have the White House again, if Mitch McConnell continues to put small-minded partisanship ahead of solving the massive problems facing our country, then we should get rid of the filibuster.” (Sen. Warren, @ewarren, Twitter, 4/5/2019)

SEN. CORY BOOKER (D-NJ): “So can I answer both of these—the filibuster and the packing of the Supreme Court—because they’re the most things that come up. So the filibuster—I just want everybody to know—both of these suggestions, I’m not taking off the table.” (Sen. Booker, Remarks, Kenne, NH, 8/08/2019)

SEN. SHERROD BROWN (D-OH): “I think we should do away with the filibuster… We are too dysfunctional. I would not have said that two or three years ago.” (“Sherrod Brown Says There’s A ‘Small Chance’ GOP Senators Vote To Remove Donald Trump,” Cleveland.com, 11/8/2019)

Before Election Day In 2020, Even More Senate Democrats Were Discussing Eliminating The Legislative Filibuster

SEN. DICK DURBIN (D-IL): “I can tell you that’s where I’m leaning… I will tell you, I have been frustrated for a hell of a long time because of this filibuster. … All the cards are on the table. [Minority Leader] Chuck Schumer made that clear yesterday, and a lot of us have been thinking about this.” (“Durbin 'Leaning' To Vote To Abolish The Filibuster Should Dems Retake Control Of Senate,” Yahoo News, 8/21/2020)

SEN. JEFF MERKLEY (D-OR): “And if that means changing or abolishing the current Senate requirement for a supermajority to close debate and pass policy legislation—often referred to as a ‘filibuster’—then that is what we must do. … In short, the rules of the Senate are rigged for the powerful over the people. It is our responsibility to change this!” (Sen. Jeff Merkley, Op-Ed, Data For Progress, 8/19/2020)

  • MERKLEY: “As President Obama put it in his powerful eulogy for Congressman Lewis: ‘If all this’—referring to restoring democracy for the people—'takes eliminating the filibuster, another Jim Crow relic, in order to secure the God-given rights of every American, then that’s what we should do.’ Amen.” (Sen. Jeff Merkley, Op-Ed, Data For Progress, 8/19/2020)
  • “[Merkley] said ideas include lowering the 60-vote threshold to advance legislation and forcing senators to return to traditional ‘talking filibusters.’ That would require senators to be physically present and debating on the floor to keep a bill from coming up for a vote. Under today’s rules, the 41 filibustering senators don’t even have to be in the chamber to block a bill from advancing. Mr. Merkley said other proposals would reduce the amount of time allowed for debate; classify more types of legislation as immune to filibusters (only budget-related bills are now immune); and restore a bipartisan amendment process to guarantee members of the minority party the opportunity to help shape legislation on the Senate floor. He suggested that Democrats might consider forbidding filibusters on ‘fundamental constitutional’ issues, enabling simple majority passage for bills related to voting rights and statehood for D.C., for example.” (“Senate Democrats Look to Wound Filibuster but Not Kill It,” The Wall Street Journal, 9/1/2020)

SEN. BERNIE SANDERS (I-VT): “If expanding the Voting Rights Act requires us to eliminate the filibuster, then that is what we must do.” (Sen. Sanders, @SenSanders, Twitter, 7/30/2020)

SEN. TIM KAINE (D-VA): “I’m very open to it. Look, I was governor of a state with two legislatures and everything is operated by simple majority. It works fine.” (“Filibuster Reform Gains Steam With Democrats,” The Hill, 6/29/2020)

SEN. ED MARKEY (D-MA): “And if the Republicans continue to be obstinate, and obdurate then we’ll just have to change the filibuster rules in order to get that agenda passed. Because America can't wait. Justice must be delivered. … And we need to ensure that we put an agenda on the books that the Republicans, if they block it, cannot stop because we just change the rules.” (Massachusetts U.S. Senate Democratic Debate, 8/11/2020)

SEN. CHRIS COONS (D-DE): “I will not stand idly by for four years and watch the Biden administration's initiatives blocked at every turn… I am gonna try really hard to find a path forward that doesn't require removing what's left of the structural guardrails, but if there's a Biden administration, it will be inheriting a mess, at home and abroad. It requires urgent and effective action.” (“The Biden Whisperer In The Senate,” Politico, 6/23/2020)

  • COONS: “I won’t be a part of letting the Republicans in the Senate stop President Biden should he be elected from making any progress at all.” (Axios, 10/16/2020)

SEN. MICHAEL BENNET (D-CO): “If people continue for their own political reasons to make it impossible for the majority to exercise its will, filibuster reform may have to be on the table.” (“Senate Democrats Look to Wound Filibuster but Not Kill It,” The Wall Street Journal, 9/1/2020)

SEN. AMY KLOBUCHAR (D-MN): “[I] would be willing to advocate for getting rid of the legislative filibuster if legislation is blocked. None of this will matter if Democrats don’t retake the majority Senate and [I am] focused on that.” (“Are 2020 Democratic Candidates Ready To Scrap The Filibuster To Fight Climate Change?,” Vox, 2/19/2020)

BROWN: “We’ve got to eliminate the filibuster… I don’t know if it has unanimity, but I’ve not talked to anybody that says ‘I don’t want to do it.’” (“America’s Plastic Hour Is Upon Us,” The Atlantic, 10/2020)

WARREN: “I’ve supported filibuster reform for a long time… If the Republicans think that they are going to be able to hold up the actions that need to be taken in this country by using the filibuster then they’re wrong. We’re going to have to fight them…. If we have a Democratic majority in the Senate and a Democrat in the White House and the Republicans are trying to use the filibuster in order to block what the American people want to see us do, then it will be time to change the filibuster.” (“Filibuster Reform Gains Steam With Democrats,” The Hill, 6/29/2020)

 

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Related Issues: Supreme Court, Senate Rules, Senate Democrats