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Democrats are in a frenzy over the oral arguments that were held at the Supreme Court case over a Mississippi law that bans abortions after 15 weeks and they are renewing their calls to expand the court.
Many pundits believe that the court is on the precipice of overturning Roe V Wade after the court heard the arguments, and appeared to tip their hands, in the Dobbs v. Jackson Women’s Health Organization on Wednesday, Fox News reported.
Former President Trump appointed three justices who were confirmed to the high court, shifting the makeup to six GOP-appointed justices and three Democrat-appointed justices. As a result, Democratic lawmakers have called to remove the Senate filibuster requiring 60 votes to pass legislation to add more seats to the court.
Republicans have characterized efforts to expand the Supreme Court as “court-packing” and a political power play by Democrats.
In light of the arguments in Dobbs this week, Democratic lawmakers are renewing calls to expand the court and add more liberal justices to offset what they see as partisan gains by the GOP.
“Today, the Supreme Court considered a case that could ultimately overturn Roe. A ‘conservative’ court would uphold precedent. But a ‘partisan’ court may not — and this may be the most partisan court in history. We must protect a woman’s right to choose,” Democrat Rep. Adam Schiff said.
Today, the Supreme Court considered a case that could ultimately overturn Roe.
A “conservative” court would uphold precedent. But a “partisan” court may not — and this may be the most partisan court in history.
We must protect a woman’s right to choose.
— Adam Schiff (@RepAdamSchiff) December 1, 2021
Minnesota Democrat Sen. Tina Smith also railed against the court.
“What’s happening today is the Supreme Court is hearing arguments for ending Roe and people’s freedom to get an abortion.
“I worked at Planned Parenthood and know what this would mean for women. If the Court takes this action, led by Republican justices, it’s impossible to argue they are not partisan. #ExpandTheCourt,” she said.
I worked at Planned Parenthood and know what this would mean for women. If the Court takes this action, led by Republican justices, it’s impossible to argue they are not partisan. #ExpandTheCourt
— Senator Tina Smith (@SenTinaSmith) December 1, 2021
California Rep. Judy Chu called on Congress to pass the Judiciary Act which would expand the number of seats on the Supreme Court.
“Thanks to Republican court packing, our Supreme Court has been manipulated to protect GOP political goals, not our Constitution. From bodily autonomy to voting rights, there’s only one solution: we need to pass the Judiciary Act to #ExpandTheCourt and restore fairness,” she said.
I worked at Planned Parenthood and know what this would mean for women. If the Court takes this action, led by Republican justices, it’s impossible to argue they are not partisan. #ExpandTheCourt
— Senator Tina Smith (@SenTinaSmith) December 1, 2021
“9 is not a magic number. @Slate’s Senior Legal Editor Dahlia Lithwick breaks down why we can’t wait for the far-right Supreme Court to erode our rights and then have a conversation about what we might have done. We have to talk about expanding the Court now. #ExpandTheCourt,” Sen. Ed Markey said.
9 is not a magic number. @Slate's Senior Legal Editor Dahlia Lithwick breaks down why we can't wait for the far-right Supreme Court to erode our rights and then have a conversation about what we might have done. We have to talk about expanding the Court now. #ExpandTheCourt pic.twitter.com/lxBOTxyGEd
— Ed Markey (@SenMarkey) December 1, 2021
“A reminder that 2 of the 6 far-right justices preparing to overturn Roe v. Wade are sitting in stolen seats. Abortion is health care. We must #ExpandTheCourt,” New York Democrat Rep. Mondaire Jones said.
A reminder that 2 of the 6 far-right justices preparing to overturn Roe v. Wade are sitting in stolen seats.
Abortion is health care. We must #ExpandTheCourt. https://t.co/l4pMWbTLlU
— Mondaire Jones (@MondaireJones) December 1, 2021
Massachusetts Democrat Sen. Elizabeth Warren took a different tack, instead calling on the Senate to end the filibuster so that Congress could codify abortion rights into law.
“One by one, the Republican-appointed justices came before the Senate and promised they’d respect precedent. They’d respect settled law. Well, Roe v. Wade has been law for nearly 50 years. So let’s see that respect. But we can’t wait—we must #EndTheFilibuster so we can codify Roe,” she said.
One by one, the Republican-appointed justices came before the Senate and promised they’d respect precedent. They’d respect settled law. Well, Roe v. Wade has been law for nearly 50 years. So let’s see that respect. But we can’t wait—we must #EndTheFilibuster so we can codify Roe.
— Elizabeth Warren (@ewarren) December 1, 2021
In April Rep. Jerry Nadler joined Sen. Markey in introducing The Judiciary Act of 2021 which would expand the number of seats on the court.
“This bill would restore balance to the nation’s highest court after four years of norm-breaking actions by Republicans led to its current composition and greatly damaged the Court’s standing in the eyes of the American people,” they said. “In order for the Court to fulfill its duty to deliver equal justice under the law and protect the rights and well-being of millions of Americans, the legislation expands the Court to restore balance, integrity and independence to it.”
