Republicans Have Been Packing the Courts for Decades

By Robert Reich, Robert Reich's Facebook Page

18 October 20

riends,

Republicans and the media are obsessed with one question: Will Joe Biden “pack the courts”?

But the truth is that Republicans themselves have been packing the courts for decades.

McConnell and his Senate Republicans blocked 110 Obama nominees, but have confirmed 218 Trump judges.

McConnell wouldn't even allow a hearing for President Obama's nominee to the Supreme Court, on the dubious principle that the “next president” should do the nominating. Obama nominated Merrick Garland 293 days before Obama's term of office ended.

But McConnell is now ramming through Amy Coney Barrett, just weeks before an election, and after more than 14 million Americans have already cast their ballots. If Barrett is confirmed, the GOP-packed court is ready to strip health care from 20 million Americans in the middle of a pandemic, overturn Roe v. Wade, eliminate marriage equality, and worse.

Over the last 50 years, Republican presidents have seated 15 of 19 Supreme Court justices — and four of them were nominated by presidents who lost the popular vote. So the question now isn't whether Joe Biden will pack the Supreme Court. It's if — and how — he will un-pack the court.

That's the critical context we need to get out in order to save what’s left of our democracy.

If you can, please support our work at the link below. All donations will be MATCHED 100% by generous supporters eager to help us get the truth out.

There is nothing abusive about stopping the GOP’s abuse of power, and there's nothing unfair about making our democracy fairer. It's essential that, if Trump loses in November and Democrats take back the Senate, Congress restore the balance and legitimacy of the Supreme Court.

There are many ways they could do just this: Expand the number of justices on the court, using a bipartisan system to add seats. Draw additional justices from the courts of appeals, on a rotating basis. Establish a code of ethics for justices just like every other judge has.

None of these solutions to offset Republican court-packing has a chance if voters believe the Republican lie that Democrats would be acting unfairly by rebalancing the GOP-packed courts.

Thank you for helping us set the record straight,

Robert Reich