Stealing a Supreme Court Seat is Asking for Court Packing

“With Merrick Garland, the Republican Senate prevented a president from appointing a judge, then a president of that senate’s party came into office and filled the seat. This action broke the norms and constitutional intent of Advice and Consent. That was a stolen seat.

The stealing of Merrick Garland’s seat deeply damages the legitimacy of the Supreme Court. In a two-party system with the judiciary not completely separated from the ideology and policy goals of the political parties, abusing Advice and Consent to hand a Supreme Court seat from one party to another greatly damages the legitimacy of the Supreme Court.”

“Court packing now, can be seen as a mechanism to right a wrong — to restore the partisan divide to what it should have been if not for the Republican Senate’s illegitimate action.”

“I suspect court packing would just lead to a series of court packing and an ever-expanding court and potentially undemocratic escalation that leads to the downfall of the republic…so I’m still against court packing”

“[But,] I understand why a democratic congress and presidency would look at the Supreme Court with its stolen seat, with its undemocratic minority-nominated justices, and with potentially its overturning of the Democrats’ most basic agenda…I understand why democrats would then say that U.S. democracy under the thumb of the Supreme Court as currently constructed is already illegitimate, so court packing is justified as the best way to save democracy.”

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