The Democrats on Thursday will announce laws to expand the Supreme Court from nine to 13 judges. This is the culmination of months of pressure from left party members to do so after Republicans swiftly upheld Judicial Amy Coney Barrett’s election last fall a few weeks before taking office.
Senator Ed Markey, D., Mass., Will sponsor the bill in the Senate, while Representatives of Jerry Nadler, D., NY, Mondaire Jones, D., NY, and Hank Johnson, D., Ga.) Serve as proxies will be his lawyers in house, according to The interception.
The addition of four judges would allow the Democrats to replace the current Conservative 6-3 majority in the court. While the Supreme Court has had nine judges since the 19th century, the constitution does not specify the number of judges.
In the fall, progressives put the trial at the forefront of political debate and called for more judges to be added after Republicans pushed Barrett’s confirmatory hearing a few weeks before the November 3 elections, creating a conservative majority in the court.
Democrats argued the move was hypocritical after Republicans refused to hold a confirmation hearing for former President Obama’s candidate Merrick Garland in 2016. The GOP leaders then argued that it would not be in the interests of Americans to appoint a judiciary in an election year.
Republicans were quick to criticize the new proposal, and Representative Jim Jordan (R., Ohio) asked on Twitter, “Does Supreme Court expansion count as infrastructure?”
Jones responded with a heart emoji: “Yes”.
Yes 🖤 https://t.co/gv3NpEnMmo
– Mondaire Jones (@MondaireJones) April 15, 2021
“Imagine if we reduced the number from nine to five and only kept the Republicans. You’d go crazy, ”added Jordan Washington Times.
The proposal comes almost a week after President Biden made an executive order, the one non-partisan commission that will conduct a 180-day study of possible changes to the Supreme Court, including Court packaging and setting deadlines for judges.
After repeatedly evading questions about his stance on the expansion of the Supreme Court during the election campaign, Biden promised to form the non-partisan commission in October.
He said he would clarify his stance on the pre-election trial depending on how Republicans “handle” Barrett’s confirmation process, although he never did.
In an interview with 60 minutes in October, Biden proposed instead that “a national commission of scholars, constitutional scholars, Democrats, Republicans and Liberal Conservatives be set up”.
“And I will ask them to come back to me over 180 days with recommendations on how to reform the judicial system because it is getting out of hand, how it is being handled and it is not about trial,” he said then.
The 36-member panel is made up of Bob Bauer, who served as White House attorney for former President Barack Obama, and Cristina Rodriguez, a professor at Yale Law School, who served as assistant assistant attorney general in the Obama administration’s legal advisory office , directed.
However, as the Commission will not be issuing specific guidelines at the end of its study, it remains to be seen whether the panel will ultimately clarify Biden’s position on the matter.
Markey recently argued that “we need more than one commission to restore the integrity of the court,” according to the Wall Street Journal.
Meanwhile, Justice Stephen Breyer warned last week that court packaging, for political reasons, could undermine public confidence in the court and its decisions.
“I hope and expect the court to retain its authority,” said Breyer. “But that authority, like the rule of law, depends on trust, a trust that guides the court on legal principles rather than politics. Structural changes that are motivated by the perception of political influence can only nourish this perception and further undermine this trust. “
The Massachusetts Democrat disagreed, however, claiming to create a 7-6 Liberal majority “Will strengthen the public’s trust in the court and its legitimacy in the eyes of the public,” he said Diary.
The bill is unlikely to get enough support to move forward as Republicans remain vehemently opposed to an expansion of the court and even a number of Democrats would be reluctant to support the legislation while Biden’s commission is underway.
“We must work to organize, mobilize and motivate Congress to take action to reform the court,” Markey admitted.
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