Democrats are threatening to grab the Supreme Court or otherwise "reform" it if the Court of Justice Roe v. Wade struck a punch, according to an article published by The Hill.
SCOTUS is due to hear a case about a new Mississippi law restricting abortions after 15 weeks, except in cases of "extreme fetal abnormalities" or medical emergencies.
The case is presented as a direct challenge to Roe v. Wade looked at.
With the case ahead, the Democrats are sending political signals to the court, threatening to grab them or initiate other “reforms” if they fail.
A decision is not expected to be made until next year, an election year. And while no one is going to come out and say that a Democratic Congress would immediately try to add judges to the court, it does mean that there would be "momentum" to do so.
If Roe were the stable law in the country, Mississippi law couldn't even have gotten out of the gate. As it is, it is designed as a vehicle to get the court to rethink Roe.
– Harry Litman (@harrylitman) May 17, 2021
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Another fit of tantrum from Democrats if they don't get their way
The modern incarnation of court wrapping has been floating around for some time.
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The Democrats never got over then Senate Majority Leader Mitch McConnell, who refused to hold hearings and a vote on Merrick Garland, Barack Obama's Supreme Court election, to fill the seat of the late Judge Antonin Scalia.
The fact that Donald Trump was able to bring three Conservative judges to justice was a sensitive issue for the Democrats, to say the least.
Since then, the Democrats have been looking for a way to get back to the Republicans. Before the 2020 presidential election, the Democrats began engaging in talks with court hearings.
The issue became a focus of the 2020 election when Biden refused to answer for months whether he supported the idea or not.
Finally, in October 2020, Biden stated that he was "not a fan" of court packaging, but Vice President Kamala Harris would not say whether she was in favor of such a move.
The Democrats kept the idea for life, and in April the House and Senate Democrats passed legislation to expand the court from nine to 13.
A decision in the Mississippi abortion case would not be made until next June. Until then, Congress won't pass any laws, let alone anything as controversial as court hearings. But Democrats need to keep the pretext alive to pacify the grassroots. https://t.co/buWG2WYcS1
– Varad Mehta (@varadmehta) May 24, 2021
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What Democrats Are Saying About Court Wrapping When Mississippi Law Is Obeyed
Some Democrats have spoken openly about what they think could happen if the Supreme Court complies with Mississippi law.
Senator Richard Blumenthal (D-CT), a member of the Senate Judiciary Committee, said, "It will inevitably fuel and advance efforts to expand the Supreme Court when this activist majority betrays fundamental constitutional principles."
Blumenthal added, “The cutting away of Roe v. Wade will spark a seismic move to reform the Supreme Court. It may not expand the Supreme Court, make changes to its jurisdiction, or require a certain number of votes to put down certain past precedents. "
Senator Sheldon Whitehouse (D-RI) said, "It really rekindles the concerns we have about how far right-wing billionaire money has affected the composition of the court and possibly even pulls the strings on the court."
Whitehouse added that the Supreme Court Presidents' Commission had "a number of options" that President Joe Biden was examining by order of the executive branch.
I have sent a letter to the members of the Commission of the Supreme Court of President Biden highlighting important issues related to the impact of special interest on our judiciary. Until we address this issue, we can neither achieve meaningful reform nor restore American confidence in the integrity of the Tribunal.
– Sheldon Whitehouse (@SenWhitehouse) May 18, 2021
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The left is afraid
Democratic lawmakers are afraid and under pressure from their grassroots.
With a 50:50 Senate, they don't have the votes to end the filibuster. This would be necessary in order for the Democrats to have a simple majority and vote to grab the court. Needless to say, the Filibuster is no longer the Democrats' friend.
Trying to legislate with a GOP-filled Supreme Court and the Jim Crow-Filibuster is always 1 step forward, 3 steps back.
– Ed Markey (@SenMarkey) May 21, 2021
Yes, these are the same "Jim Crow" Filibuster Democrats who were used 327 times on the GOP in 2020.
Brian Fallon, executive director of a progressive group called Demand Justice, agrees that any violation of Roe v. Wade will be an incentive to press the Democrats to grab the court. "Groups like ours work every day of the week, 52 weeks a year, to build support for this proposal."
Elliott Mincburg, Senior Fellow at People for the American Way, also says that obstacles to Roe v. Wade will be electoral problems in 2022. “The ability to add judges may depend on more Democratic senators joining the Senate first. This could therefore have a significant impact on the mid-term elections. Some people on the right might say to themselves, "Be careful what you want."
Nan Aron, president of the Alliance for Justice, says progressives "are being galvanized like never before on the issue of the courts."
But before Republicans fear the Democrats are about to grab the Supreme Court, relax, it's not a "grab." Remember, it's just "realignment".
This must be done immediately after the "redesign" of police work.
It wouldn't grab the court. It would rebalance the court after an anti-democratic electoral system allowed a minority party to grab the court. https://t.co/QKRZbsQnFg
– Paul Allen (@PauIAllen) May 21, 2021
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