Former President Trump’s nomination and subsequent confirmation of three constitutionalist judges to the Supreme Court is one of the Democrat establishment’s sorest points, causing the rise of talk about packing the court with additional liberal justices.
Sen. Shelley Moore Capito (R-WV) isn’t waiting for Democrats to make their move, introducing legislation on Friday that would bar Democrats from adding additional judges to the Supreme Court, arguing that the nine-judge panel “has worked for our country for more than 150 years.”
“A nine Justice court has worked for our country for more than 150 years,” Capito said in a statement announcing the legislation. “Increasing that number in a partisan effort to achieve a desired policy result is a never-ending proposition.”
During now-Justice Amy Coney Barrett’s confirmation process, a large number of Democrats came out in support of packing the court with liberal judges to counter the effect of a conservative majority.
Capito warned that if Democrats are allowed to push legislation through to add additional judges to the panel, the high court will cease to be an independent judiciary.
“Once this door is opened, respect for the Supreme Court as an independent arbiter of cases and controversies would fall away as it became another partisan branch of government,” Capito explained. “We should preserve our independent judiciary by closing the door to court-packing.”
Currently, conservative-leaning judges hold six out of the nine total seats on the panel — a reality that infuriates Democrats who claim that the lopsided split doesn’t accurately reflect the political views of the majority of Americans.
In order to restore a liberal majority, however, Democrats would have to add four seats to the bench — which Biden has expressed weak disapproval of in the past. He does, however, agree with Democrats seeking to dismantle the system, promising in October that he will authorize an initiative to reform the court system because it’s “getting out of whack.”
“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,” Biden said during a campaign event in October. “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.”