A group of House Democrats are moving forward with demands for new legislation to add four seats to the Supreme Court in an effort to pack it with a majority of progressive activist justices.
The push for expansion came at a press conference on Monday that was hosted by the Take Back the Court Action Fund.
While leftists and Democrats have been discussing a court packing scheme since President Trump placed three justices on the court, their battle cries have increased since the high court overturned Roe v. Wade by a 6-3 vote last month.
In addition to the reversal of Roe, the court also struck down a New York law that created an unconstitutional restriction on the right to carry a firearm. Overall, the decisions of the court in the last term have pushed liberals into full fundraising mode in advance of this year’s critical midterm elections.
Democrats are also still angry that the Senate blocked Barack Obama’s nomination of Merrick Garland to the court when it was controlled by the GOP. Justice Neil Gorsuch was eventually nominated instead by President Donald Trump and confirmed by the Senate for the seat.
Rep. Mark Takano (D-CA) said at the press conference that the Supreme Court has “gone rogue” and has become a “radical institution.”
Rep. Hank Johnson (D-GA) said that the Supreme Court is currently “making decisions that usurp the power of the legislative and executive branches,” even though the end of Roe means that every state legislature is again empowered to decide how to regulate abortion according to the instructions of local constituents.
Other Democrats at the press conference attempted to spin the claim they are attempting a court-packing scheme by saying Republicans did it first. Rep. Mondaire Jones (D-NY) said the “nightmare scenario of GOP court-packing” already exists. He claimed the 6-3 majority is the result of court packing, even though the total number of justices has been fixed at nine since the 19th century.
Any real attempt by Democrats to expand the size of the Supreme Court before the midterm elections this year would crash against the Senate filibuster rule that would require at least 60 votes in the upper chamber to advance.
Sens. Joe Manchin (D-WV) and Kyrsten Sinema (D-AZ) have said consistently that they will not consider abolishing the Senate filibuster rule under any circumstances.
Even though there is no substantial likelihood of success for a Democratic push to expand the size of the court, the issue is primed to serve their purposes as an election season hot button to activate their base and raise funds.