A new report from The Hill suggests that the court-packing issue could prove troublesome for President Joe Biden and the Democrats in the near future.
Court-packing is the idea of adding more justices to the U.S. Supreme Court. Radical Democrats have been calling for at least the addition of four justices, which would allow Biden to swing the balance of power back over to the liberals.
The Supreme Court has a decidedly conservative majority for the first time in decades after former President Donald Trump got the opportunity to appoint three justices to the bench, namely, Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett.
It was after Trump’s final appointment, of Barrett, that the left really intensified its call for court-packing.
Remarks that Biden has made in the past would suggest that, if anything, he is against the idea of court-packing. But, as we know, Biden has to always find a way to appease both the moderates and the radicals within his own party.
So, rather than take a definitive stance on the issue, Biden actually created a commission to study and to produce a report on various Supreme Court reforms. It was his way to put the issue off to a later day.
The bad news for Biden is that the commission didn’t solve his problem. Rather, the commission, in its final report, decided not to take a position on the court-packing issue.
On top of this, the Supreme Court, with its conservative majority, is about to rule on several major issues, including abortion.
The Hill cites Samuel Moyn, a professor of jurisprudence and history at Yale University, as explaining that if the court were to, for example, overturn Roe v. Wade, then Biden is going to be put in a difficult position.
“The growing support for court expansion — with more than 10 times as many lawmakers signing on as when the commission started its work — may begin to create a new political reality that Biden will have a hard time ignoring altogether,” Moyn said. “And everyone knows that if the Supreme Court overrules Roe v. Wade, Biden’s own party or a popular outcry may force him to act.”
As explained earlier, though, the problem for Biden is that he is not going to be able to get the support of both factions of his party here. If he supports court-packing, he’ll gain the radicals and lose the moderates; and, if he comes out against court-packing, he’ll gain the moderates but lose the radicals.
And, the likelihood is, given the Supreme Court’s schedule, that this issue will once again reach a head right before the 2022 midterm elections.