Pack The Court

Justice Ruth Bader Ginsburg has died. Before the eulogies can start, Mitch McConnell has already announced that he is going to ignore the precedent he set with President Obama’s Supreme Court nominee and confirm a Justice before the election, or at least before the administration changes.

If the Democrats win the White House and the Senate, only one course of action makes sense:

Pack The Court.

Legislate that the Court should have more Justices, confirm them by simple majority, and take back a Court that will have been stolen from the majority party.

The one thing I can’t forgive President Obama for – and this was true way before Justice Ginsburg’s death – is that he didn’t fight harder to get his nominee to the Court vetted by the Senate. But now the damage is done and we have to fix it. The solution he and Sen. McConnell made necessary will be Court Packing.

There will be a hue and cry about this from the Republicans. I don’t care. They don’t have a right to make anyone feel guilty about anything.

There will be a hue and cry from the press. My answer to them is simple:

Go Fuck Yourself. If you wanted to develop a conscience, the time to do so was when Sen. McConnell refused to vet Merrick Garland. You allowed us to get here. This is on you. If you’d done your jobs and raised the appropriate fuss when Sen. McConnell broke precedent that badly, no one would be considering packing the Court now. You want someone to blame? Look in a fucking mirror.

Respect the institution? At what cost? How many millions of Americans will have substantially worse lives as a result of what a 6/3 conservative majority on the Court could do, particularly when that imbalance is the result of the theft of a seat?

If Sen. McConnell has proven anything to us, it’s that we can’t afford to  (as the cliche goes) bring a knife to a gun fight. That’s what we did during the Obama administration. We do not do the American public any favors by holding back in the course of protecting their interests.

Packing the Court is a violation of tradition, but so is refusing to vet the Supreme Court nominee of a sitting President. Both are technically legal. The fuss will be asymmetrical. That will be the height of hypocrisy and we should treat it as such.

As to whether it’s wise to tell the Republicans we intend to do that, there are two ways of looking at it:

  1. The Public will object. It’s up to us to tell them why we’re doing it. And if they object, we should point out the following:
  2. If the Republican Party leaves the seat vacant, they will end up with a 5/4 majority because if they act in good faith the Court will not be packed. If McConnell does what he says he’ll do they’ll probably end up with a 9/6 minority. I think there are too many superstitious Americans to allow a thirteen seat court, so it will have to be fifteen.





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