Democratic Speaker of the House Nancy Pelosi suggested that the Supreme Court should have more justices following the confirmation of Justice Amy Coney Barrett on Monday night.
Pelosi made her thoughts about the nomination and the future of the judicial branch clear in an interview with Chris Hayes on MSNBC.
“Are you open to efforts to [pack the Supreme Court] in the future?” Hayes asked.
“Well I think that Joe Biden has given us a good path. He’s going to have something that people can understand why this is important,” Pelosi said.
“Our population has grown enormously since then,” Pelosi said in reference to the last expansion of the court in 1869.
“Should we expand the court? Let’s take a look and see … maybe we need more district courts as well,” Pelosi continued.
Court packing would increase the number of Supreme Court justices, which would give a president more nominees on the bench. If a future president were to pass a law expanding the court, they would be able to appoint more justices who would probably rule in favor of the president’s views.
When former President Franklin Delano Roosevelt threatened to pack the court, the idea was highly unpopular among Democrats and Republicans alike, and it didn’t happen.
There is no constitutional amendment that explicitly says how many justices are supposed to serve on the Supreme Court.
Pelosi joined a choir of Democratic politicians who are calling to pack to courts, which would expand the number of justices.
Expand the court.
— Alexandria Ocasio-Cortez (@AOC) October 27, 2020
Expand the court.
— Ed Markey (@EdMarkey) October 27, 2020
Expand the court. https://t.co/hYC5OCeKQq
— Ilhan Omar (@IlhanMN) October 27, 2020
Expanding the court under a potential Biden presidency, or any future presidency, would likely mean that an agenda is being pushed that would require judicial activism and legislating from the bench.
If Democrats know that their current platform would not pass through an originalist-majority court, then they likely think some policies and ideas are unconstitutional.
The bottom line is that many Democrats are upset about a new conservative justice making her way to the highest court in the land, so they are doing everything possible to prevent Barrett from using her power.
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