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Senate Democrats Want to Wait until November 4 to Reveal Their Court-Packing Plan
September 29, 2020 5:22 PM
Democrats control Congress and the White House in 2021, will they pack the Supreme Court with additional progressive justices?
Following the death of Justice Ruth Bader Ginsburg and the efforts of the Senate GOP majority to fill the vacancy, it may be the most important question facing Democrats in 2020. But it’s a question only a few Senate Democrats are willing to answer.
Massachusetts senator Ed Markey tweeted on September 21: “This Republican hypocrisy is shameful but not surprising. If they violate their own precedent, we must expand the Supreme Court.” West Virginia senator Joe Manchin, the most conservative Democrat in the Senate, told CNN on Sunday that he “can’t support” court-packing.
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But most Democratic senators have made it clear they don’t want to reveal their intentions on court-packing until after the election. “What we need to do before we talk about what happens in the next session of Congress is for Democrats to win the presidency and a majority in the Senate,” Connecticut senator Richard Blumenthal told National Review in the Capitol last week when asked about court-packing.
Before voters go to the polls, should they get to know whether court-packing is likely or even on the table? “There are so many reasons to vote for Democrats now — that we need to focus on the pandemic,” replied Blumenthal, a member of the Senate Judiciary Committee. “You know, we just passed 200,000 deaths. The president’s failure to deal with the pandemic and the public-health and economic crises and his cruel and reckless indifference [are] costing lives.”
“I think we’ve got to wait to get through the election,” Pennsylvania Democratic senator Bob Casey said when asked about court-packing. “The key thing right now is people have to understand what’s at stake, especially on ACA and preexisting conditions.”
“No thoughts at the moment,” New Mexico Democratic senator Martin Heinrich replied when asked about adding justices to the Court. “We have a job to do before we have that conversation.”
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