If Joe Biden had plans to pack the federal judiciary if he wins in November, the latest report from The Washington Times will be nothing short of devastating to the Democrat White House hopeful.
The Washington Times‘ Ryan Lovelace reported Wednesday that a group of half a dozen former Democratic state attorneys general — as well as a handful of former members of Congress — have mobilized “against a bid by liberal activists to expand the Supreme Court and the Democratic Party’s commitment to overhaul the federal judiciary in a potential Biden administration next year.”
According to Lovelace, the group, which includes seven former congressmen who represent both sides of the political aisle, has spoken out against court-packing and insisted that the Supreme Court should stick to nine justices.
No more than nine jurists have sat on the high court’s bench since 1869, Lovelace noted.
When Obama left office, there were more than 100 open positions throughout the federal judiciary, as well as a Supreme Court vacancy that needed to be filled. President Donald Trump, for his part, has wasted no time in filling those slots.
Indeed, Trump has appointed record numbers of federal judges — and that has liberals panicking.
But according to Lovelace’s report, there are at least a handful of Democrats who want a potential President Biden to resist the urge to “pack the courts” with left-leaning justices in response.
“Court-packing by one party would almost inevitably lead to retaliatory court-packing by another party, undermining the independence of the [Supreme C]ourt and potentially the Rule of Law itself,” Andrew Miller, a Democrat who formerly served as attorney general of Virginia, told Lovelace.
“Nine seems to be a good number”
The group of attorneys general and congressmen also don’t want to see more justices added to the Supreme Court, an idea that has gained popularity on the left since the high court took a conservative slant with Trump’s 2018 appointment of Brett Kavanaugh.
Lovelace pointed to a similar stance held by current Supreme Court Justice Ruth Bader Ginsburg. “Nine seems to be a good number. It’s been that way for a long time,” she told NPR in July 2019.
Ginsburg added: “I think it was a bad idea when President Franklin Roosevelt tried to pack the court.”
Of course, with any luck, Americans will eliminate the risk of Democrat court-packing altogether when they cast their ballots on Nov. 3.