Using an argument that makes absolutely no sense from a legal, logical, or, really, any other perspective, Senate Judiciary Committee member Chris Coons (D-DE) said Sunday that there was really no need to question whether or not Democrats would pack the Supreme Court should they win in November. The real focus, he said, should be on the confirmation of Judge Amy Coney Barrett, which already “constitutes court-packing.”
“I’m going to be laying out the ways in which Judge Barrett’s views are not just extreme, they’re disqualifying,” he said of his intentions for the hearings. “It constitutes court-packing.”
Court-packing, of course, isn’t just some meaningless term that can be used to describe whatever fruity political argument you’re trying to make. It means expanding the size of the Supreme Court beyond its current capacity of nine. That’s all it means. So the idea that replacing a deceased justice with another one in accordance with both the Constitution and our long-established norms is actually a form of court-packing…well, that just doesn’t pass the laugh test.
“Claiming that court-packing is filling open vacancies that obviously isn’t what court-packing means,” Sen. Ben Sasse said later on Fox News.
Sasse went on to say that Democrats’ characterization of Barrett as a radical didn’t jibe with reality.
“The reason I think that Amy Barrett is a rock star and should be on the court is because she’s very clear about her jurisprudence. She’s an originalist and she’s a textualist,” Sasse said. “Which means when she puts on her black robe in the morning she knows what it is to be a judge and that is to cloak your personal preferences.
“Our judges don’t wear red or blue jerseys,” he continued. “They don’t advocate for policy positions. And we shouldn’t be having either Democrats or Republicans on the committee trying to figure out how can they define the future of how they’ll rule on particular cases.”
There is, of course, a very good reason why Sen. Coons and other Democrats are trying to subtly change the definition of the term “court-packing.” Joe Biden and Kamala Harris have decided that this is a political third rail, and they refuse to tell the American people whether they intend to expand the Supreme Court if elected next month. Why? Because polls consistently show that the American people oppose such a move, no matter whether or not Barrett is confirmed to the court. At the same time, a slim majority of Democrats want Biden to do it. This dichotomy has trapped Biden between a rock and a hard place, so he’s studiously keeping his mouth shut.
Should voters elect a man who is afraid of his own plans?