Democratic Senator and Biden surrogate Chris Coons (Delaware) went on State of the Union on Sunday to pitch his candidate. Jake Tapper, to his credit, once again brought up the question that Joe Biden and Kamala Harris refuse to discuss with American voters. Are they open to packing the Supreme Court if Biden wins? Unlike the candidates he represents, Coons indicated that he was definitely receptive to the idea. And the way he phrased his answer probably gives us a hint as to the buzzwords and spin the Democrats will be using if they attempt to do so. (Free Beacon)
While Democrats have implied their intention to pack the Supreme Court for weeks, Sen. Chris Coons (D., Del.) on Sunday explicitly said he was “open” to adding justices to the High Court.
“If we happen to be in the fact pattern where we have a President Biden, we’ll have to look at what the right steps are to rebalance our federal judiciary,” said Coons, a Biden campaign surrogate.
Over the past few weeks, reporters have asked Democratic presidential nominee Joe Biden and his campaign nearly a dozen times about the candidate’s intentions to expand the number of justices on the Court. Each time, Biden has deflected, saying it would shift focus and only benefit President Trump to discuss.
Anyone care to take a guess as to how “fact pattern” slipped into that answer? It’s a curious choice of words to be sure. It just seems as if “reality” might have been better.
But more to the point, notice how Coons refers to packing the court in a nearly unprecedented fashion would be described as a way to “rebalance our federal judiciary.” First of all, the Supreme Court is not “out of balance” currently except for being short one Associate Justice. Once Amy Coney Barrett is seated, the court will be back “in balance” as much as it ever is. Except, of course, if your definition of “balance” means having a majority of justices appointed by Democrats. But that would just make you a sore loser more than anything else.
That wasn’t the only curious clue dropped by Coons, however. Notice also how he didn’t refer to “rebalancing” the Supreme Court. He specifically said “our federal judiciary.” While the greatest amount of attention is obviously showered on the Supreme Court, Donald Trump and Cocaine Mitch have been busy filling seats at all levels of the federal courts ever since President Trump was sworn in. They’ve been seating judges at a near record-setting rate. The numbers have been big enough that we’ve seen the legendarily liberal Ninth Circut begin to tilt toward the conservative side.
Might Coons be hinting that the Democrats will be looking at court-packing operations even further down the judicial food chain? There are twelve circuit courts dividing up the country, each with its own standard number of judges. But if you can jam extraneous judges onto the Supreme Court, why not the circuit courts as well, right?
What Coons, Biden and many other Democrats seem to be forgetting is that even if the Democrats win in November, they won’t be in the majority permanently, nor willl they hold the White House in perpetuity. Eventually, the shoe will be back on the other foot. And having opened the door to court-packing, they are inviting the GOP to turn around and do the same thing in return. Before you know it we’ll have twenty Supreme Court justices and the Ninth Circuit will need a football stadium to hold their sessions in.