Despite his reluctance to even address the issue of packing the Supreme Court ahead of the 2020 election, President Joe Biden has completely reversed and is now promising to pursue “court reform” — code for court-packing in Democrat-controlled Washington.
Both candidate Joe Biden and his running mate Kamala Harris refused to discuss the idea of Supreme “court-packing” in the wake of Supreme Court Justice Amy Coney Barrett’s gaining a seat on the high court just before the 2020 election. Leftists were furious that President Trump was able to seat three conservative justices, and they vowed to “pack the court” if Joe Biden won the 2020 election.
Biden claimed that answering the question of court-packing would focus attention on his policies rather than on Donald Trump, so he didn’t answer the question. The mainstream media gave Biden a pass because they knew that America would not vote for Biden if he promised to pack the court.
Instead of frankly saying what he would do, Biden promised to create a bipartisan commission to study the matter of the Supreme Court. He believes the court is “out of whack.” Candidate Biden said: “If elected, what I will do is I’ll put together a national commission, a bipartisan commission of scholars, constitutional scholars, Democrats, Republicans, liberals, conservatives. I will ask them to, over 180 days, come back to me with recommendations as to how to reform the court system because it’s getting out of whack.”
After the last four years, it seems that the federal court system and the Supreme Court work very well for Democrats, as federal judges blocked many of President Trump’s executive orders and blocked any judicial review of election fraud in the 2020 election. The supposedly conservative-biased Supreme Court refused to hear any case about the election. But Democrats and leftists never stop pressing for more ground, so if a single conservative justice makes it into a federal court, the whole system is “out of whack.”
Executive Director of Demand Justice, Brian Fallon, thinks the high court has become too partisan and wants that changed. The whole court is a danger to America because the left is not in the majority. He explained his fears this way: “The Supreme Court has become too partisan and too political, and with a united Democratic government, the time to act is now. The 6-3 Republican-appointed majority consistently sides with Republican politicians and corporate interests over the American people, and we must act before they rig the rules of our democracy even further.”
In 1983, then-Senator Biden dismissed the idea of court-packing. Fox News uncovered Biden’s comments in which he called the idea “bone-headed” and dangerous to the independence of the high court:
President Roosevelt clearly had the right to send to the United States Senate and the United States Congress a proposal to pack the court. It was totally within his right to do that. He violated no law. He was legalistically, absolutely correct. But it was a bonehead idea. It was a terrible, terrible mistake to make. And it put in question, if for an entire decade, the independence of the most-significant body … in this country, the Supreme Court of the United States of America.”
Back in October, Biden denied that his commission would only be exploring court-packing and ominously promised that it would go well beyond that. “It’s not about court-packing. There’s a number of other things that our constitutional scholars have debated, and I’ve looked to see what recommendations that commission might make. … There’s a number of alternatives that go well beyond packing.”