The Patriot Post® · The Demos' SCOTUS *and* Senate-Packing Plan
“There is not a syllable in the plan under consideration which directly empowers the national courts to construe the laws according to the spirit of the Constitution.” —Alexander Hamilton, Federalist Papers No. 81 (1787)
In September, President Donald Trump met with Joe Biden for their first debate, which included six topics: “The Trump and Biden Records,” “Covid-19,” “The Economy,” “Race and Violence in our Cities,” “The Integrity of the Election,” and last but certainly not least, “The Supreme Court.” The debate was a brawl, and Trump made little headway against Biden.
The most contentious of those topics was the Supreme Court — and Trump’s nominee to fill the vacancy after the death of Ruth Bader Ginsburg. (The CV19 debate will be a close second.)
Trump announced his nominee was, as we expected, Amy Coney Barrett, an extraordinary jurist. And Republicans likely have the votes to confirm that nominee. Democrats launched attacks on Barrett’s faith before her nomination was announced.
The prospect of Trump’s nomination succeeding prompted Senator Ed Markey (D-MA) to emerge from his rathole and declare: “If they just steamroll to the appointment of this new Supreme Court justice to give the Republicans a 6-3 margin in the Supreme Court, then next January, the Democrats in the majority in the Senate must abolish the filibuster rule and we must then enlarge the Supreme Court because they will have stolen two Supreme Court seats.”
“Stolen two Supreme Court seats”?
Only if the Demos have completely replaced the Rule of Law enshrined in our Constitution with their adulterated “rule of men” version.
Markey’s assertion that Demos must relaunch FDR’s failed court-packing agenda foiled the Left’s plan to keep that dirty little secret out of the public discourse until after the election.
Thus, Democrat Party drones, most notably Senator Chuck Schumer (D-NY), were forced to follow Markey with full-frontal threats to “pack the court.”
Schumer held a joint press conference with leftist adolescent Rep. Sandy Cortez (D-NY), presumably because, given her rocket rise in Demo-goguery status, she will be his 2022 primary challenger — unless he concedes the seat to her.
In typical hyperbolic mode, Schumer said that if Trump’s nominee were approved, the world as we know it would implode. Schumer said, “We’re here to protect the rights of our globe.” No, Chuck, you’re actually there to protect the rights of the American people — something you and your fellow Democrats haven’t done in decades.
Cortez insisted her leftist street thugs must keep up the pressure: “We all need to be more courageous and we all must act in unprecedented ways to make sure that our rights are stabilized. And to Mitch McConnell, we need to tell him that he is playing with fire.”
Schumer added: “Leader McConnell has defiled the Senate like no one in this generation, and Leader McConnell may very well destroy it. If Leader McConnell presses forward, the Republican majority will have stolen two Supreme Court seats.”
Again, “stolen two Supreme Court seats”? Mitch McConnell’s actions in 2016 and again today are entirely in keeping with both the Constitution and Senate precedent. And who, exactly, has “defiled the Senate”? One need look no further than rotten Harry Reid, the man Schumer succeeded as his party’s ranking member in 2017.
Asked about packing the courts, Schumer concluded, “Let me be clear: If Leader McConnell and Senate Republicans move forward with this, then nothing is off the table for next year. Nothing is off the table.”
So, what would Schumer have done with Barack Obama’s nominee if he were majority leader in 2016? Obviously, he would’ve done exactly what McConnell is doing now.
Ahead of the first presidential debate, Joe Biden was asked if he’d support Congress adding more seats to the Supreme Court in order to pack it with leftist judges. He responded, “It’s a legitimate question, but let me tell you why I’m not going answer that question.” He then dodged it altogether, insisting: “[Trump] never wants to talk about the issue at hand. He always tries to change the subject. It will shift the focus.” Of course, it is Biden who would like to “change the subject.” Because he has been drinking water from the Potomac for so many decades, he no longer cares about the implications of this question on American Liberty.
Biden continued: “Let’s say I answer that question, then the whole debate is gonna be about what Biden said or didn’t say, Biden said he would or wouldn’t.” That is almost the same answer he gave in the debate.
That may be a reference to 2016 — an objection to McConnell’s refusal to take up Obama’s election-year Merrick Garland nomination because the Senate and White House were controlled by different parties (as has historically been the “rule”). Biden at the time also helpfully reminded the nation that when he chaired the Senate Judiciary Committee from 1987-95, “I made it absolutely clear that I would go forward with the confirmation process as chairman even a few months before a presidential election.”
More recently, Biden rejected court-packing in an October 2019 Demo primary debate, insisting, “I would not get into court-packing. We add three justices — next time around, we lose control, they add three justices. We begin to lose any credibility the court has at all.”
Recall that 11 of the Democrat primary presidential candidates favored packing the court with leftist judges, including the real 2020 Demo ticket holder, leftist Kamala Harris.
Biden, as if to prove that even a broken clock is right twice a day, said to Harris at the time, “We’ll live to rue that day.”
Now, dodging the court-packing question, Biden asserted: “The discussion should be about why [Trump] is moving in a direction that’s totally inconsistent with what the Founders wanted. The Constitution says voters get to pick a president who gets to make the pick and the Senate gets to decide.”
Uh, what?
However, packing SCOTUS with Demo partisans requires both control of the White House and the Senate. Fact is, in the shadow of the court-packing plan is another imminent plan to pack the Senate. Democrats would like to admit both Washington, D.C. and Puerto Rico as states, both of which would most assuredly elect Democrat Senators, giving the Left the Senate margin it needs to pack the court, and the legislative agenda!
Meanwhile, Trump is doing precisely “what the Founders wanted,” and indeed the assertion that “voters get to pick a president who gets to make the pick and the Senate gets to decide” is precisely what our Constitution prescribes.
Biden added: “We’re in the middle of the election right now. … By the time this Supreme Court hearing would be held, it’s estimated 30 to 40% of the American people already have voted. It is a fundamental breach of constitutional principle. … The voters of this country should be heard.”
Fact is, the only votes that matter in regard to this nomination are those that were cast in 2016 to elect Donald Trump and those cast in 2018 to expand the Republican majority in the U.S. Senate.
Astoundingly, everything Biden is saying about the nomination now — which he’ll no doubt repeat next Tuesday — supports the constitutional mandate for Trump and the Republican-controlled Senate to act now.
As Justice Ginsburg herself declared, “There’s nothing in the Constitution that says the president stops being president in his last year.”
Last year, when asked about Democrat plans to pack the court, she responded: “I have heard that there are some people on the Democratic side who would like to increase the number of judges. I think that was a bad idea when President Franklin Delano Roosevelt tried to pack the court. His plan was, for every justice who stays on the court past the age of 70, the president would have the authority to nominate another justice. If that plan had been effective, the court’s number would have swelled immediately from nine to 15 and the president would have six appointments to make. … If anything [that] would make the court appear partisan, it would be that — one side saying, ‘When we’re in power, we’re going to enlarge the number of judges, so we want to have more people who will vote the way we want them to.’”
“So,” Ginsburg concluded, “I am not at all in favor of that solution.”
Notably, when FDR floated his 1937 court-packing scheme in order to ensure the Supreme Court couldn’t stand in the way of his unconstitutional socialist diktats, the Democrat-controlled Congress strongly rebuked him: More than 330 House members and 75 senators opposed his plan.
But that was then… I mean, the Demo court-packing model is Venezuela’s late socialist dictator, Demo-darling Hugo Chavez, whose reign of terror was protected by having expanded Venezuela’s supreme court from 20 justices to 32, then forcing his nominees through the legislature.
Of course, Biden already has the go-ahead from Nancy Pelosi (D-CA), who said, “Well, we have our options. We have arrows in our quiver that I’m not about to discuss right now. … The, uh, we have a responsibility, we take an oath to protect and defend the Constitution of the United States.” (Whenever Democrats huff and puff about “the Constitution,” which they disregard at every legislative junction, as they do their oaths “to support and defend” it, I’ve found it helps to simply laugh out loud.)
House Judiciary Committee Chairman Jerry Nadler (D-NY) backed Pelosi, saying that if Democrats take the Senate and presidency, Congress “should immediately move to expand the Supreme Court.” He added: “Congress would have to act and expanding the court would be the right place to start. If Leader McConnell presses forward, the Republican majority will have stolen two Supreme Court seats.”
Apparently, he also got the “stolen two Supreme Court seats” Demo memo.
For clear context on which party is undermining our Constitution, Democrats spent three years using deep-state operatives to, in effect, attempt a coup d'état to take down a duly elected U.S. president. That charade was based on a fake dossier funded by Donald Trump’s 2016 opponent, Hillary Clinton. (As it turns out, there are Obama and Biden fingerprints all over the coup crime scene.)
When their coup attempt failed, Demos attempted to derail Trump’s presidency with an impeachment farce — in a presidential election year.
After those direct assaults on our Constitution, Democrats now believe they have the moral authority to insist that President Trump not nominate an RBG replacement in an election year?
Finally, for the record, regardless of the outcome of the Trump nomination, if Democrats take control of the Senate and executive branch, they will move to pack the courts. If they don’t win, they will take it to the streets.
Biden, Harris, Schumer, and Pelosi would like to shutter our nation in the darkness of socialist oppression under their limitless statist power. They are, certifiably, the enemies of the people.
Follow Mark Alexander on Twitter.
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