The Patriot Post® · Why Biden-Harris CAN'T Reveal Their Court-Packing Plan

By Mark Alexander ·

Joe Biden has repeatedly refused to clarify whether he supports or opposes increasing the number of Supreme Court seats — a.k.a. “packing the court” — in order that it will do the Left’s political bidding. Likewise in this week’s VP debate, arrogant leftist Kamala Harris dutifully refused to answer Mike Pence’s repeated questions about court packing.

For the record, the debate “moderator” never asked Harris the question. Nor was Harris challenged on her absurdly erroneous “history lesson” claim that Abraham Lincoln delayed his 1864 SCOTUS nomination. She insisted, “Honest Abe said it’s not the right thing to do.” But Harris is factually completely wrong.

Michael Burlingame, Distinguished Chair in Lincoln Studies at the University of Illinois, said of the Harris claim, “I’ve never seen anything like that quote in all my 36 years of Lincoln research.”

A day after the debate, Biden and Harris were asked the Court question again at a campaign stop, and Biden gave the same scripted answer he has been giving: “The moment I answer that question, the headline in every one of your papers will be about that rather than focusing on what’s happening now.” Well, yeah, that’s because it’s a very important question.

However, this time, Biden added, “You’ll know my position on court packing the day after the election.” And again, the Demos’ Leftmedia propagandists let him get away with that obfuscation. C'mon, man!

The problem is not just that Biden and Harris won’t answer the question. The problem for them is they can’t answer the question.


Because a clear majority of Americans don’t support court packing, so Biden and Harris can’t say “Yes” — but they can’t win without their legions of socialists who are depending on them to pack the court, so they can’t say “No.”

For this reason, they need to be challenged on this issue repeatedly.

Notably, in 2016, like many of you, I supported Donald Trump because, as I noted just before the election, in every quadrennial election since I cast my first presidential vote, “I vote for our Constitution — especially for the candidate who is most likely to nominate constitutionally constructionist judges to the Supreme Court, those who will abide by their oaths ‘to support and defend’ our Constitution and promote American Liberty over statist tyranny.”

It never crossed my mind that it was an option for Republicans to expand the number of SCOTUS seats so Trump could pack the High Court. Never.

In the Judiciary Act of 1869, Congress set forth that the United States Supreme Court would be composed of a chief justice and eight associate justices.

But Biden, Harris, Nancy Pelosi, and Chuck Schumer are now planning to pack the Court, and for that reason, they are now the most formidable cadre of socialists in our nation’s history. They are the enemies of the people, having long ago abandoned their oaths “to support and defend” our Constitution.

For a real history lesson, in 1787, the most definitive expositions on the “terms and conditions” of our Republic’s then-proposed Constitution, The Federalist Papers, published to support its ratification, were written by our Constitution’s principle author, James Madison, and distinguished Founders John Jay and Alexander Hamilton. Written pseudonymously under the name “Publius,” they went to great lengths to be clear about the role of the Supreme Court: “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.”

In other words, the Supreme Court and federal courts were expected to support, first and foremost, Rule of Law (nonpartisan) over the rule of men (partisan).

The future of American Liberty rests on that principle.

As esteemed legal analyst Andrew McCarthy notes: “Court-packing would douse the last rule-of-law embers. It would be an unambiguous, despotic act of directing the judiciary to decide cases politically — and, naturally, in accordance with the political preferences of the radicals who expanded the bench for that explicit purpose.”

Moreover, as then-President Thomas Jefferson affirmed, “The opinion which gives to the judges the right to decide what laws are constitutional and what not, not only for themselves, in their own sphere of action, but for the Legislature and Executive also in their spheres, would make the Judiciary a despotic branch.”

Democrats frame the contest for the Supreme Court as “Right v. Left,” but it’s actually about judicial integrity v. judicial despotism — Liberty v. Tyranny.

In the eight decades since the father of American socialism, Franklin Roosevelt, was rebuffed by Congress for his 1937 attempt to pack the Supreme Court in order to ensure the Court would not interfere with his political agenda, the Democrat Party has managed to grossly politicize the federal judiciary by insisting on political tests for its nominees.

For the record, in a Senate judiciary hearing years ago, Biden declared of FDR’s court packing scheme: “It was a bonehead idea. It was a terrible, terrible mistake to make, and it put in question, for an entire decade, the independence of the most significant body – including the Congress in my view – the most significant body in this country, the Supreme Court of the United States of America.” I am sure he does not recall saying that…

Finally, caveat emptor: In the shadow of the Biden-Harris court-packing plan is an imminent plan to pack the Senate by admitting both Washington, DC, and Puerto Rico as states — perhaps ensuring leftist rule for generations.