Court Packing does NOT mean ‘filling an empty seat’ on the court

There is some confusion about what Court Packing means. Despite what some in politics and the media would have you believe, Court Packing does NOT mean simply filling vacant seats based on party preference.

The idea of Court Packing is that the party in power increases the number of seats on the Supreme Court for the express purpose of being able to fill those seats based on party objectives.

Adding Amy Coney Barrett to the Supreme Court is merely filling an empty seat; it is the duty and responsibility of the President to nominate and the responsibility of the Senate to confirm or reject. This is mandated by our Constitution. If the Senate confirms Barrett, the Supreme Court will have 6 conservative judges and 3 liberal judges. The degree to which they are conservative or liberal varies. Click here for a graphic from Axios showing the political leanings of the SCOTUS justices before Ginsberg’s death – you’ll see for example, that based on voting record, John Roberts is very moderate.

Court Packing is increasing the number of seats on the Supreme Court. This would require Congress to enact legislation to change the number, and would need to be signed into law by the President. This can only happen if both Congress and the President are like minded.

If Biden were to win the Presidency, Packing the Court could easily happen. If the number of justices were raised from 9 to 13, then Biden would be responsible for nominating the 4 additional judges, likely all liberal, creating a 6-conservative, 7-liberal split on the court.

As a game-changing move, Biden has refused to disclose what he would do if elected with regard to Court Packing. He has also refused to share who his Supreme Court nominees would be (for any empty seat). For voters to make an informed decision about their vote in the general election, we have always, rightfully, expected candidates to explain what their future decisions would be. Biden is woefully negligent in informing voters about his plans for the future of our nation.

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