House Dems reiterate ‘court-packing’ demand, insist size of Supreme Court must be increased

Many Democrats remain incensed by the fact that there is a 6-3 Republican-appointed majority on the Supreme Court and have repeatedly called for “court-packing” — expanding the court’s bench with additional Democrat-appointed justices — to counter and overrule the current majority.

The demand for court-packing was reiterated Monday by a group of House Democrats who joined leftist activists outside the Supreme Court who were protesting recent rulings from the nation’s premier judicial body, Just the News reported.

Some of those recent rulings included striking down the Roe v. Wade precedent on abortion rights at the federal level, overturning a highly restrictive concealed carry law in New York, and limiting the regulatory power of executive branch agencies without explicit congressional authorization, among several others.

They don’t even know what they’re talking about

Leading the group of eight House Democrats outside the Supreme Court, according to The Hill, was Rep. Hank Johnson (D-GA), who asserted that the current status of the high court was a “crisis” that threatened not only “democracy” but also the “basic freedoms” of Americans.

Johnson, apparently unaware of the Supreme Court’s explicit constitutional role as a check on the executive and legislative branches of the federal government, lamented that the court was “making decisions that usurp the power of the legislative and executive branches.”

Also displaying apparent ignorance of the Supreme Court, its history, and the meaning of certain phrases, was Rep. Mondaire Jones (D-NY), who dishonestly and incorrectly stated that “The nightmare scenario of GOP court-packing is already upon us,” and added, “That’s how they got this far-right 6-3 majority in the first place.”

In actual fact, the Supreme Court’s current 6-3 majority was created through the normal process of presidential nomination and Senate confirmation, as former President Donald Trump nominated and the Senate confirmed Justices Neil Gorsuch to replace the late Antonin Scalia, Brett Kavanaugh to replace the retired Anthony Kennedy, and Amy Coney Barrett to replace the late Ruth Bader Ginsburg.

Legislation introduced in both House and Senate

Rep. Johnson and his House Democratic comrades used the opportunity Monday outside the Supreme Court to push a bill that he introduced last year that is known simply as the Judiciary Act of 2021, which would expand the nation’s high court from nine justices to 13 justices overall.

That bill was introduced in April 2021 and was referred to the House Judiciary Committee’s Subcommittee on Courts, Intellectual Property, and the Internet in October 2021, though no further action has been taken on it since then.

Nevertheless, there are a total of 58 co-sponsors to Johnson’s court-packing bill, all of whom are Democrats, and companion legislation has also been introduced in the Senate, S. 1141, by Sen. Ed Markey (D-MA), though it only has two co-sponsors and has similarly languished with no action after being referred to the Senate Judiciary Committee.

Size has changed before, but unlikely to be changed again now

To be sure, the size of the Supreme Court’s bench has been altered six times throughout the institution’s history — it began with six members in 1790 but has been set at nine since 1869 — and there are some plausible, though usually partisan, arguments both for and against an additional expansion of the number of jurists.

That said, for all of the sound and fury from Democrats about the dire and immediate need, in their view, to pack the court with four new Democrat-appointed justices, that seems highly unlikely to occur given the virtual impossibility of Democrats winning 60 votes to pass such legislation in the current evenly split Senate.

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