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The Commission on Presidential Debates will become irreversibly illegitimate unless it reverses course on in-person debates, which alone can force Joe Biden to answer the single most important question in this election: whether Biden would pack to the Supreme Court with additional seats, forever transforming our Constitution’s three-branch form of government into a two-branch system. \

The Constitution allows Congress to set the number of Supreme Court seats. After several decades of trial and error, in 1869, Congress settled on nine seats, which has been a bedrock of stability in America’s form of government for 151 years.

For more than half of our nation’s existence, there has been only one attempt to change that number. Franklin Roosevelt in 1937 proposed increasing the number of justices to guarantee a pro–New Deal majority. Even fellow Democrats joined Republicans in opposing the idea, a repudiation that helped fuel massive Republican congressional gains in 1938.

Independent courts are essential to safeguarding a free nation, with judges who stand against the political majority — or the mob — when the government seizes unjust power or tramples on individual rights. In 2018, Justice Ruth Bader Ginsburg called an independent Judiciary “our nation’s hallmark and pride.”

It is not surprising that Ginsburg declared in 2019 that the Supreme Court should stay at nine justices, criticizing FDR’s court-packing scheme. Packing the Court would make the Judiciary just an extension of the two political branches, subservient to Congress and the president.

Yet during the Democrat primaries — before Ginsburg’s passing — candidates like Kamala Harris openly discussed passing a law to create new Supreme Court seats to ensure justices would rubber-stamp liberal agenda items.

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