The Democrats' Court-Packing Plan: Implications and Controversies

The U.S. Senate and the Supreme Court

The Supreme Court (SCOTUS) is a crucial component of the U.S. government, and the Senate plays a significant role in its operations. Senate Democrats are likely to face legal battles over their plans to alter the composition of the SCOTUS, a move which would significantly impact the country's judicial landscape. The Constitution, as defined by our nation's founders, allocates the role of determining the duties and procedures of the SCOTUS to the nine justices appointed to the bench. This structure is designed to maintain an independent judiciary, distinct from the executive and legislative branches. President Biden’s push to impose his standards of conduct on SCOTUS could be seen as an overreach of power, reminiscent of President Franklin D. Roosevelt’s failed attempt to add compliant justices to the bench.

Historical Precedents and Political Context

Roosevelt’s plans to add more justices to the Supreme Court were met with significant resistance and ultimately failed. Similarly, the current Biden administration has faced opposition from Republicans, who argue that any attempt to alter the composition of SCOTUS would be a power grab. The Republicans have delivered their response by securing a conservative majority on the SCOTUS.

It is important to note that the Senate does not have the power to remake the Supreme Court on its own. Congress as a whole has this power, but its actions are strictly limited by the Constitution. Therefore, any attempt to alter the SCOTUS would require a coordinated effort across both chambers and would face significant legal and political challenges.

Progressive Agenda and Constitutional Challenges

Despite the complications, progressive legislation is expected to face fewer constitutional challenges. Democrats plan to pass the PRO Act, which aims to strengthen voting rights, and the Equality Act, both of which would receive a now-favorable SCOTUS decision. Additionally, measures to restrict big money in politics are likely to be successfully implemented.

In the coming years, when Republicans regain control, they could again attempt to alter the SCOTUS. This creates a fluid and potentially dangerous situation, where the makeup of the court could undergo significant changes in both directions. The prospect of a packed court raises concerns about the long-term stability of our constitutional system.

Constitutional Integrity and Political Instability

The idea of completely destroying the Constitution to ensure election victories is not a goal that should be pursued. This stance is particularly concerning given that the same criticisms applied to the GOP when they blocked President Obama’s judicial nominees are now being levied against the current administration.

Furthermore, it is crucial to protect women’s reproductive rights and to address past Supreme Court decisions like Citizens United that have had a profound impact on politics and society. The Democratic plan could lead to a more responsive and inclusive judicial process, where marginalized voices have a greater say. This would effectively reduce the power of the right-wing minority to dictate the direction of the country.