McConnell on Court-Packing Commission: Disdain for Judicial Independence
‘Constitutional scholars and the justices themselves have repeatedly affirmed the position of the late Justice Ruth Bader Ginsburg: “nine seems to be a good number.” Justice Breyer said just this week that “structural alteration” like court packing would mean “eroding” the public’s trust in the judiciary. And by overwhelming margins, the American people agree.’
LOUISVILLE, KY – – U.S. Senate Republican Leader Mitch McConnell (R-KY) issued the following statement on the White House’s creation of a commission to study packing the Supreme Court:
“Today’s announcement is a direct assault on our nation’s independent judiciary and yet another sign of the Far Left’s influence over the Biden Administration.
“Rational observers know well there is nothing about the structure or operation of the judicial branch that requires ‘study.’ Constitutional scholars and the justices themselves have repeatedly affirmed the position of the late Justice Ruth Bader Ginsburg: ‘nine seems to be a good number.’ Justice Breyer said just this week that ‘structural alteration’ like court packing would mean ‘eroding’ the public’s trust in the judiciary. And by overwhelming margins, the American people agree.
“At the same time, more and more elected Democrats have made open disdain for judicial independence a key part of their political platforms. A sitting Senator has personally threatened certain justices should they rule against liberal interests. Multiple Senate Democrats signed a threatening brief suggesting the Court needed to either deliver liberal rulings or face being ‘restructured.’ The President spent most of his campaign playing coy on the issue, but has now admitted from the safety of a four-year term that he views the judiciary as ‘out of whack.’
“So anyone who was surprised by the creation of a commission on packing the Supreme Court simply hasn’t been paying attention. This faux-academic study of a nonexistent problem fits squarely within liberals’ years-long campaign to politicize the Court, intimidate its members, and subvert its independence. This is not some new, serious, or sober pivot away from Democrats’ political attacks on the Court. It’s just an attempt to clothe those ongoing attacks in fake legitimacy. It’s disappointing that anyone, liberal or conservative, would lend credence to this attack by participating in the commission.
“Of course, this is just another example of the liberal preference for attacking norms and institutions, rather than working within them. When Democrats lose a floor vote, it’s time to change Senate rules. When they lose a presidential election, it’s time to abolish the Electoral College. And when activists’ cases fall flat against the rule of law, it’s time to ignore Justices Ginsburg and Breyer and pack the Supreme Court.
“President Biden campaigned on a promise of lowering the temperature and uniting a divided nation. If he really meant it, he would stop giving oxygen to a dangerous, antiquated idea and stand up to the partisans hawking it.”
Related Issues: Supreme Court