Biden, Capitol Dems Summon Dark Spectre of Supreme Court Packing With a New Bill

P. Gardner Goldsmith | April 15, 2021

Remember when the slippery Chief Executive of the U.S., Franklin D. Roosevelt, tried to pack the Supreme Court so that his patently unconstitutional New Deal schemes like Social Security would be dubbed “constitutional?”

And remember when, after then-presidential candidate Joe Biden repeatedly dodged questions about whether he would add seats to the Supreme Court (as if that were some standard question in American politics), Ukraine Joe said he was “not a fan” of packing SCOTUS?

That was a time when propagandist-profs at Rutgers and left-agitprop minions at CNN implied that Donald Trump was “packing” the court merely for doing what the Constitution required by nominating a replacement after a vacancy was created upon the death of leftist Ruth Bader Ginsberg.

But a week ago, Biden unveiled a “panel” (a.k.a., a theatrical set-piece) to “study” the possible expansion of the Supreme Court and, yesterday, news emerged that House and Senate Democrats are prepping legislation to create four new SCOTUS seats.

According to The Intercept’s Ryan Grim:

“The bill would add four seats to the high court, bringing the total to 13 from the current nine. The bill is led by House Judiciary Committee Chair Jerry Nadler (D-NY), subcommittee Chair Hank Johnson (D-GA), and first-term Rep. Mondaire Jones (D-NY). In the Senate, the bill is being championed by Ed Markey (D) of Massachusetts.”

Ahh, yes, those paladins for constitutionalism, those fighters for individual liberty and the Golden Rule: Nadler, Johnson, Jones, and Sen. Ed “Flipper” Markey. 

Yes. Ed Markey, who in late 2020 banged the deafening drum that Trump’s nomination of Amy Coney Barrett was court-packing, and who signaled that he would work to exact retribution.

This, of course, because six of the sitting justices were nominated by Republican presidents, while only three were nominated by Democrats. 

But that does not equate to “six-to-three” conservative or “originalist” victories over leftist-progressive, “living document,” fabrications of the Constitution, because, of course, Chief Justice John Roberts, himself appointed by a Republican, has repeatedly sided with the most left-wing anti-constitutionalists on the bench.

As Grim notes, the size of the Supreme Court is not dictated by the Constitution and has fluctuated throughout U.S. history, but has held at nine since 1869.

But, as commentator David Knight notes, it’s possible that a leftist move to add four slots to the “highest court in the land” could backfire, inspiring more Americans to resist the fraud of “judicial supremacy,” see the true political nature of the SCOTUS, and embrace state nullification of unconstitutional federal statutes.

Related: House Democrats Launch an All-Out War On the Second Amendment With Two Mind-Blowing Bills

“I think it would forever destroy the idea – credibility -- that the Supreme Court has any integrity," he wrote. "It doesn’t have any integrity. It doesn’t have the power under the Constitution to make these kinds of declarations that they’ve done about ‘when life begins,’ or what ‘gender’ is about, or what ‘marriage’ is about.”

Coming on the heels of Biden’s “sudden” action last week to “look into” packing the court, this move, likewise also will inspire more Americans to see that Joe Biden cannot be trusted to adhere to any standard or to be honest with people.

Of course, they should have learned that, long ago.

As Cheryl Sullenger writes for

“During the 2020 Presidential Campaign, Joe Biden was repeatedly asked whether he planned to “pack the Court,” if elected.  Biden continually declined to answer that important question.  At one point, he even lashed out angrily after being asked if the public had the right to know about his position on Court-packing, responding, ‘No, they don’t.’”

Of course we don’t, because Biden not only doesn’t respect people, he doesn’t acknowledge the idea of natural rights at all.