WaPo’s Jennifer Rubin calls for court packing

The far-left is renewing its call to pack the U.S. Supreme Court.

Fox News reports that Washington Post columnist Jennifer Rubin made the call to pack the court in an op-ed that was published on Monday. 

For those unfamiliar with court packing, the idea is to increase the number of justices on the U.S. Supreme Court. The purpose of this is to give President Joe Biden enough nominations to ensure that the court has a liberal majority.

The court currently has a conservative majority for the first time in many years after former President Donald Trump’s three Supreme Court nominations. The court would need to be expanded by at least four to replace this conservative majority with a liberal one.


Rubin began her op-ed by blasting Chief Justice John Roberts for comments that he recently made defending the legitimacy of the Supreme Court.

In case you missed it, Roberts said:

If the court doesn’t retain its legitimate function of interpreting the constitution, I’m not sure who would take up that mantle. You don’t want the political branches telling you what the law is, and you don’t want public opinion to be the guide about what the appropriate decision is.

According to Rubin, Roberts’s statement, here, amounts to “whining.”

“He really doesn’t get it,” Rubin writes. “The degree to which this court is utterly and completely tone-deaf to its role in the destruction of its own integrity remains a powerful reason for court expansion or term limits.”

Restoring the court’s credibility?

Rubin claimed that it is the court’s conservative members who are responsible for the court’s waning credibility.

She writes:

Roberts would rather not address the root of the court’s credibility crisis: its conservative members’ blatant disregard of nearly 50 years of precedent, their misuse and abuse of facts and history, their penchant for delivering public screeds in political settings, their misleading answers in confirmation hearings, their improper use of the shadow docket, their prior placement on the shortlist of potential justices by right-wing dark-money groups attempting to transform the judiciary, their opposition to adhering to a mandatory code of judicial ethics — and a refusal by [Justice Clarence] Thomas to recuse himself from cases related to the Jan. 6, 2021, attack on the Capitol, despite the anti-democracy activism of his wife, Ginni.

Rubin, then, went on to make the dubious argument that court expansion is a way to help restore the Supreme Court’s credibility with the public, writing:

So it’s up to Congress and the president to shore up the court’s credibility. Allocating more seats to correct the damage done by Sen. Mitch McConnell’s court-packing, imposing term limits on all justices and enacting a mandatory code of ethics would be good places to start.

Currently, there are no indications that the president or Congress is headed in this direction. But, that’s probably because the midterms are approaching and court packing is unpopular. It might be a different story if the Democrats remain in control of Congress after the upcoming elections.