The late Justice Ruth Bader Ginsberg once said that ‘packing the courts’ is problematic and has said it is a bad idea when Democrats have done it in the past.
Justice Ginsberg stated, “I have heard that there are some people on the Democratic side who would like to increase the number of judges. I think that was a bad idea when President Franklin Delano Roosevelt tried to pack the court. His plan was for every justice who stays on the court past the age of 70, the president would have authority to nominate another justice. If that plan had been effective, the court’s number would have swelled immediately from nine to fifteen and the president would have six appointments to make. You mentioned before the court appearing partisan-. Well if anything would make the court appear partisan, it would be that. One side saying when we’re in power was only to enlarge the number of judges so we want more people to vote the way we want them to.”
Talks of President Trump filling in the vacant Supreme Court seat cause Democrats to begin calling for another impeachment to stall the confirmation of a new justice including Joe Biden who said a president should choose a successor before an election in 2016.
Biden said, “Even if President Trump wants to put forward a name now, the Senate should not act until after the American people select their next president, their next Congress, their next Senate. If Donald Trump wins the election, then the Senate should move on his selection and weigh the nominee he chooses fairly. But if I win this election, President Trump’s nominee should be withdrawn. As a new president, I should be the one who nominates Justice Ginsburg’s successor.”
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In 2016 Biden stated, “I made it absolutely clear that I would go forward with the confirmation progress, process as chairman, even a few months before a presidential election, if the nominee were chosen with the advice and not merely the consent of the Senate. Just as the Constitution requires. My consistent advice to presidents of both parties, including this president, has been that we should engage fully in the constitutional process of advice and consent. And my consistent understanding of the Constitution has been the Senate must do so as well. Period. They have an obligation to do so.”
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