OPINION: This article contains commentary which reflects the author's opinion
Joe Biden and the progressive wing of the Democrat Party just got a wake up call from House Speaker and California Rep. Nancy Pelosi and some other top Democrats.
They are not going to support any effort to pack the Supreme Court with more than the nine current justices, The Daily Mail reported.
“Do you support Jerry Nadler’s bill to expand the Supreme Court by 4 seats and would you commit to bringing that bill to the floor,” a reporter asked the Speaker.
“No,” she said matter of factly. “’I support the president’s commission to study such a proposal,’ Pelosi added. ‘But, frankly, I’m not – right now, we’re back, our members – committees are working putting together the infrastructure bill and the rest,” Speaker Pelosi said.
“I don’t know that that’s a good idea or a bad idea,’ she said. ‘I think it’s an idea that should be considered and I think the president’s taking the right approach to have a commission to study such a thing. It’s a big step. It’s not out of the question, it’s been done before in the history of our country,” she said.
Senate Judiciary Chairman, Democrat Sen. Dick Durbin said that he would not sign on to the idea yet.
“I just heard about [the proposal]. I’m not ready to sign on yet. I think this commission of Biden is the right move. Let’s think this through carefully. This is historic,” the senator said.
“I’m concerned both by the current situation, which I believe was influenced by the McConnell decision to keep that vacancy open until Trump could fill it,” he said.
“I want to make sure that our response to that is reasonable,” Sen. Durbin said.
“So you haven’t decided yet if you’ll bring it up for a vote in committee?” a reporter asked the senator.
“Not yet,” he said. “This is the earliest stage of the conversation. I really want to see what the commission proposes.”
Democrats would also have the near impossible task of getting Democrat Sens. Joe Manchin and Kyrsten Sinema on board.
“Senator Sinema opposes court-packing,” her spokeswoman Hannah Hurley said in October.
In November Sen. Manchin said on Fox News that “I want to rest those fears … I will not vote to pack the courts [or] end the filibuster.”
And even an anti-Donald Trump senator like Sen. Ben Sasse is not going to be swayed to expand the Supreme Court.
“Here are some facts: The Supreme Court isn’t supposed to be America’s super-legislature,” he said to The National Review.
“Democrats don’t have some historic mandate in a 50-50 Senate to nuke the Court; the progressive activists who wrote this bill are high on their own supply; and a whole bunch of sane Democrats are quietly praying this thing dies,” he said. “The court-packing bill is delusional.”
But that did not stop New York Rep. Jerry Nadler from introducing legislation to expand the court to 13 seats on Thursday.
Democrat Representatives Jerry Nadler, Hank Johnson, and Mondaire Jones are championing the bill in the House, while Sen. Ed Markey is reportedly leading the push in the Senate.
Biden recently issued an executive order forming a bipartisan commission that will perform a 180-day study of potential changes to the Supreme Court, including court-packing and setting term limits for justices.
“The Commission’s purpose is to provide an analysis of the principal arguments in the contemporary public debate for and against Supreme Court reform, including an appraisal of the merits and legality of particular reform proposals,” the White House said in a statement.
“The topics it will examine include the genesis of the reform debate; the Court’s role in the Constitutional system; the length of service and turnover of justices on the Court; the membership and size of the Court; and the Court’s case selection, rules, and practices,” the White House added.