The constitution, initially created in 1787, outlined the legislative and executive branch in detail, but the judicial branch not so much. The constitution allows Congress to stipulate much of the structure and functionality of the Judicial branch apart from its power being reserved to a Supreme Court.
At first, our founding fathers allocated 6 justices to the supreme court, but since 1787 that number has fluctuated. Our founding fathers never stated a fixed number of justices allowed in the Supreme Court.
Before Ruth Bader Ginsburg’s death, there were 9 justices in the Supreme Court. Two Justices from Reagan, one from Bush Senior, two (RBG was one of them) from Clinton, two from Bush Junior, and two from Obama. The Republican versus Democrat appointed justice ratio-in the wake of RBG’s death- is now 5:3, soon to be 6:3.
Justice Ruth Bader Ginsburg’s death has ignited a power struggle in Washington and the media as Trump prepares to appoint a new justice to the Supreme Court; Amy Coney Barrett. It is completely constitutional-and is always done so- for a president to appoint a justice with whom they share beliefs and viewpoints, which is what we are seeing from President Trump.
The basis of hearings and voting to allow the potential justice into the Supreme court has been based solely on qualifications (which ACB exemplifies), not their (anticipated) opinion on issues. The American Bar Association, a legal society of 194,000 members acting as the voice of the legal profession, gave ACB their highest rating “well-qualified”.
A justice’s sole job is to interpret the Constitution. Many democrats are worried that the Affordable Care Act could be deemed unconstitutional, as well as Roe v. Wade due to Amy Coney Barrett’s religious background. This has become a smear-tactic as the Democrats battle to gain back the Senate and control of appointees in the Supreme Court.
So, if a new justice is being appointed to essentially replace a late justice, how is this Court Packing? Democrats have been heard saying that the nomination and potential admission of Amy Coney Barrett to the Supreme Court “constitutes Court Packing”. Court Packing by definition is adding additional seats to the Supreme Court to create a dominant political majority, but this is simply not what is happening. The democrats are afraid of Amy Coney Barrett further swaying rulings as another conservative minded justice has influence in the highest court.
Gallup.com shared statistics that a slight majority of 51% American Adults want ACB seated on the Supreme Court, 46% of U.S adults opposing it. Fox-an obviously conservative news source- shows that most respondents (58%) oppose court packing. The efforts of Republicans trying to confirm ACB into the Supreme Court, and the democrats trying to prevent that from happening is astounding.
The ironic thing is, Democrats are crying that Court Packing is unconstitutional, but Biden and Senator Harris have declined to comment on if they would pack the courts upon inauguration. Biden said that voters will find out his position on packing the courts post-election, and that his opinion on court packing “depends”.
Should Biden become president and the Democrats gain control of the Senate, Amy Coney Barret would dilute their ideal consensus. ACB being appointed could very likely overrule the Affordable Care Act appeal in California v. Texas scheduled for November 10, 2020. Around 20 states are collectively suing the federal government and appealing the constitutionality of the decade long disputed Affordable Care Act.
Senator Kamala Harris deemed ACB’s confirmation process “reckless and illegitimate”. The qualifications of ACB have been brushed off to the side as Senators have attempted to delay and stomp out ACB’s confirmation in the final weeks leading up to the election.
Through the Democrats ignoring Amy Coney Barret’s credentials, and Biden refusing to reject future court packing shows the hypocrisy of the left. It also shows the real potential for them to “unconstitutionally pack the courts” if and when Biden is elected as president; the same thing that the Democrats are falsely accusing the Republicans of trying to do.