President Trump has indicated that he will shortly nominate a replacement for Justice Ruth Bader Ginsburg, prompting some liberals to propose expanding the size of the court in return.
After it was announced on Friday that Ginsburg had died, the political fights began instantaneously.
Senate Majority Leader Mitch McConnell released a statement in short order, informing the public that the Senate would hold a vote on the president’s pick, should he decide to nominate one.
Democrats responded in outrage, with many on the Left saying they would support expanding the size of the court should they win in November. This is a process known colloquially as “court packing.”
Sen. Ed Markey said on Twitter, “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.”
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.
— Ed Markey (@EdMarkey) September 19, 2020
That tweet has received over 42,000 retweets and 170,000 likes.
Mondaire Jones, who is running to represent New York’s 17th Congressional District, tweeted, “Let’s not mince words. Under no circumstance should Donald Trump and Mitch McConnell replace RBG with a partisan right-wing Justice. But if they do, the next Congress absolutely must expand the Supreme Court.”
Let’s not mince words.
Under no circumstance should Donald Trump and Mitch McConnell replace RBG with a partisan right-wing Justice.
But if they do, the next Congress absolutely must expand the Supreme Court.
My latest for @DataProgress: https://t.co/UyLpcIqY29
— Mondaire Jones (@MondaireJones) September 19, 2020
Commentator John W. Dean, in a tweet that’s received over 25,000 likes, wrote, “@JoeBiden must announce that if the GOP rushes to pack the Court, the Dems will expand the SCOTUS to 11 justices, and expand the lower federal courts by 70 to 100 new judgeships, which have long been needed. In short, he will depoliticize the federal judiciary!”
.@JoeBiden must announce that if the GOP rushes to pack the Court, the Dems will expand the SCOTUS to 11 justices, and expand the lower federal courts by 70 to 100 new judgeships, which have long been needed. In short, he will depoliticize the federal judiciary!
— John W. Dean (@JohnWDean) September 19, 2020
Zac Petkanas, a former senior adviser to Hillary Clinton, tweeted, “If McConnell breaks his own rule and packs the Supreme Court for the second time, we must remove those justices and/or expand the court. It has to be that simple. Enough.”
If McConnell breaks his own rule and packs the Supreme Court for the second time, we must remove those justices and/or expand the court.
It has to be that simple.
Enough.
— Zac Petkanas (@Zac_Petkanas) September 18, 2020
In a leaked letter to his colleagues, McConnell warned Republicans who might be unsure of whether to vote on a nominee or were perhaps leaning toward not doing so to keep their “powder dry.”
“This is not the time to prematurely lock yourselves into a position you may later regret,” he said.
In 2016, Republicans refused to vote on whether to confirm Judge Merrick Garland, then-President Barack Obama’s pick to replace Justice Antonin Scalia, to the Supreme Court. They argued that it was improper to do so in an election year, particularly one where Republicans were in control of the Senate and Democrats in control of the White House.
