Democratic Representative Jerry Nadler is advocating for an expansion of the Supreme Court – allowing a Democrat administration to pack the Supreme court and push it to the left – if the current administration goes forward with appointing a replacement for the late Justice Ginsburg.
Democrats can complain all they want about the Republicans pushing through another Supreme Court appointment, but the rules are the rules. It is well within the administration’s legal right to nominate and confirm a new justice to fill an open seat. Do you really think that the Democrats would leave such a seat open?
I’m not worried about another Trump appointment to the Supreme Court; the tides periodically change, and I expect them to come full circle eventually. But what’s worrisome to me is the escalating actions taken by our politicians in their fervor to maintain control for “their” side. It started when Senator Harry Reid (D, NV) exercised the “nuclear option” – twice – to change Senate rules. The second and arguably the more famous of the two occurred in 2013 when Reid eliminated the 60-vote requirement to advance judicial nominations (except for the Supreme Court), essentially ending the filibuster for such appointments and silencing the senate minority. This was quickly used by the Obama administration to pack the federal court system, pushing it further left. But, as one GOP staffer pointed out, such rule changes are doomed to escalate: “Just wait until they get into the minority!”
And escalate it did. When the GOP gained controlled of the Senate in 2016 they used Reid’s rule change to do their own packing of the federal court system. In addition, Republican Mitch McConnell exercised his own “nuclear option” to expand Reid’s change to include Supreme Court nominations. The fact that Democrats are crying about being on the losing end of a fight they started should not be lost in the rhetoric: none of this would have been possible (since a consensus of at least 60 senators would have been required to advance any judicial nominee) if it weren’t for Harry Reid.
But now the Democrats want to do it once again, as if the results won’t be exactly the same: they’ll change the number of Supreme Court justices so that a Democrat president can appoint a few liberals and shift the court left. But what about when the Republicans once again hold power? What’s to prevent them from doing the same thing and shifting the court right? When will it end, and just how many Supreme Court justices will we have? It’s time to stop the madness. We must move now to restore the previous senate rules and require a reasonable 60-vote consensus for judicial nominations.
This is now in our hands, the hands of the American voter. Let’s replace those senators and representatives who see infinite escalation as a viable tactic. It’s not.