02.05.21

Democrats Won’t Rule Out Packing The Supreme Court

Given An Opportunity To Disavow Their Track Record Of Flirting With Court Packing, Every Single Senate Democrat Voted Down An Amendment From Sen. Tom Cotton (R-AR) Designed To Hinder Packing The Supreme Court

 

SEN. TOM COTTON (R-AR): “Last year in certain fringe quarters of the Democratic Party it seemed popular to call for packing the Supreme Court, for expanding the number of justices on the court… Now, obviously all Republicans oppose such a radical idea. … So I offer a simple amendment, an amendment that is backed by famous liberals… that we should not pack the Supreme Court. ... So I would invite my Democratic colleagues who have said they don’t want to pack the court to simply waive this point of order and let’s have an up-or-down vote on one of the most fundamental tenets of the rule of law: that you do not pack the courts because you don’t like the way they rule.” (Sen. Cotton, Floor Remarks, 2/05/2021)

All 50 Senate Democrats voted against Sen. Cotton’s amendment, leaving an avenune open for them to potentially pack the Supreme Court. (S.Amdt.66, S.Con.Res.5, Roll Call Vote #36: Motion Rejected 50-50: D 0-48; R 50-0; I 0-2, 2/05/2021)

 

Prominent Senate Democrats Have Repeatedly Left The Door Open To Pack The Supreme Court: ‘I’m Absolutely Open To It,’ ‘This Is Long Overdue Court Reform As Far As I’m Concerned,’ ‘Everything Is On The Table’

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)

“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 9/18/19)

SEN. ELIZABETH WARREN (D-MA): “I’m open. … Actually, I mean, we could…. Look, there are a lot of different ways to do it. The number of people on the Supreme Court is not constitutionally constricted. But it’s one of the things that we certainly could talk about.” (The New York Times, Accessed 9/13/2019)

  • MSNBC’s RACHEL MADDOW: “What do you think is within the arsenal of Senate Democrats to try to stop this from happening? I know that Senate minority leader, Senate Democratic Leader Chuck Schumer has said nothing is off the table if they force through this nomination, if they get it done. What options do you think that you have tactically in order to try to stop them from doing what they want to do?”
    WARREN: “Well, Chuck is right. As he said, everything should be on the table. And we will use everything we’ve got.” (MSNBC, 9/21/2020)

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)

 

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Related Issues: Senate Democrats, Supreme Court