The Demos' 2021 Court-Packing Plan

- THE PATIOR POST - Sep 23, 2020 -

Mark Alexander

"I am not at all in favor of that solution..." —Ruth Bader Ginsburg

“There is not a syllable in the plan under consideration which directly empowers the national courts to construe the laws according to the spirit of the Constitution.” —Alexander Hamilton, Federalist Papers No. 81 (1787)

Next Tuesday, President Donald Trump will meet Joe Biden in Cleveland to debate on six topics: “The Trump and Biden Records,” “Covid-19,” “The Economy,” “Race and Violence in our Cities,” “The Integrity of the Election,” and last but certainly not least, “The Supreme Court.”

The most contentious of those topics will be the Supreme Court — and Trump’s nominee to fill the vacancy after the death of Ruth Bader Ginsburg. (The CV19 debate will be a close second.)

Trump will announce his nominee Saturday, and Republicans likely have the votes to confirm that nominee. We expect from his short list and his heretofore private comments (e.g., “I’m saving her for Ruth”) that his pick will be Amy Coney Barrett, against whom the Democrats have already begun launching attacks.

The prospect of Trump’s nomination succeeding prompted Senator Ed Markey (D-MA) to emerge from his rathole and declare: “If they just steamroll to the appointment of this new Supreme Court justice to give the Republicans a 6-3 margin in the Supreme Court, then next January, the Democrats in the majority in the Senate must abolish the filibuster rule and we must then enlarge the Supreme Court because they will have stolen two Supreme Court seats.”

“Stolen two Supreme Court seats”?


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