Democrats have threatened to pack the Supreme Court if Donald Trump’s nomination gets confirmed following the death of Ruth Bader Ginsburg.
The president on Saturday urged the GOP-run Senate to consider ‘without delay’ his upcoming nomination to fill the seat vacated by Justice Ginsburg, who died Friday. The move comes just six weeks before the election.
Since 1869 nine justices have served on the nation’s highest court.
Joe Kennedy III, who represents Massachusetts’ 4th Congressional District and is the grandson of Robert F. Kennedy, tweeted Sunday: ‘If he holds a vote in 2020, we pack the court in 2021. It’s that simple.’
House Judiciary Chairman Jerry Nadler wrote on Twitter: ‘If Sen. McConnell and @SenateGOP were to force through a nominee during the lame-duck session — before a new Senate and President can take office — then the incoming Senate should immediately move to expand the Supreme Court.’
And Sen. Ed Markey tweeted Friday: ‘Mitch McConnell set the precedent. No Supreme Court vacancies filled in an election year.
‘If he violates it, when Democrats control the Senate in the next Congress, we must abolish the filibuster and expand the Supreme Court.’
Senator Elizabeth Warren, vice presidential candidate Kamala Harris, as well as former Rep. Beto O’Rourke had already raised the possibility of adding as many as six seats to the nine-seat court, even before Ginberg’s death.
As long as the GOP holds a majority in the Senate, it’s unlikely a Democratic president could add more justices. It would take an act of Congress to change the number on the high court.
President Franklin D. Roosevelt attempted to pack the court with new judgeships in 1937 after watching the high court deal setbacks to his New Deal initiatives. That legislation was unpopular with the public and ultimately stalled.
Joe Kennedy III, who represents Massachusetts’ 4th Congressional District and is the grandson of Robert F. Kennedy
Kennedy III tweeted: ‘If he holds a vote in 2020, we pack the court in 2021. It’s that simple’