Joe Biden and Kamala Harris’ refusal to answer the question of whether a Democrat victory would lead to the packing of the Supreme Court is troubling. It suggests they do indeed intend to pack the court. That would be a threat to our republic, made all the worse because the press is asleep/
If President Trump threatened to pack the Supreme Court there would be 24/7 news coverage with Democrat wailing and gnashing of teeth about Trump’s threat being an extinction event for democracy, blah, blah, blah. But when it’s the Democrat party making such a threat, all you hear from the media is crickets.
So what does it mean to pack the Supreme Court? The phrase is unfamiliar to many Americans, due to the lack of reporting by the press, so I will do my best to explain. Packing the court means adding more justices. How many more? That would be up to whoever decides to do the packing. Article III, section 1 of the Constitution establishes a Supreme Court but does not explicitly state the number of justices who should serve on the court. The pertinent text reads:
“The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.”
That current number of nine justices was not set by the Constitution, but by the Judiciary Act of 1869 and has been the precedent for over 150 years. The last president who threatened to pack the court was Franklin Delano Roosevelt. With the Judicial Procedures Reform Bill of 1937, Roosevelt attempted to increase number of justices from nine to 15.
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