Sen. Ed Markey (D-MA) joined his Democrat colleagues on Thursday, unveiling the left’s proposal, the Judiciary Act Of 2021, to expand the Supreme Court to 13 justices instead of nine, contending it would “rightfully reflect the values of the majority of the American people.”
Markey sharply criticized Republicans, accusing them, under the leadership of then-Senate Majority Leader Mitch McConnell (R-KY) and former President Trump, of breaking the Supreme Court following the nomination and confirmation of Justice Amy Coney Barrett.
“As a result, we have a stilted, illegitimate 6-3 conservative majority on the court that has caused this crisis of confidence in our country,” Markey claimed, despite conservatives remaining shaky on whether the Court has a consistent conservative majority at all.
Markey continued, accusing Republicans of effectively stealing two Supreme Court seats in recent years.
“The Republicans stole two seats on the Supreme Court, and now it is up to us to repair that damage. Our democracy is in jeopardy today because the Supreme Court’s standing is solely damaged. And the way we repair it is straightforward,” he said, outlining what he views as the Democrats’ duty to restore balance by adding four seats, creating a 13-member court.
“These four new seats, to be filled by president Biden, will reconstitute the United States Supreme Court. The bench will then rightfully reflect the values of the majority of the American people on whose behalf they serve,” Markey claimed, defending the constitutionality of Congress taking such action.
“We must expand the Court and we must abolish the filibuster to do it,” he said as he continued to maim his Republican counterparts.
“Republicans seem to think that equal justice means justice for their purposes. Their values. Their causes,” he said. “Expanding the Supreme Court rights the wrongs the Republicans have done to this great Court. Expanding the Supreme Court is equal justice and will ensure equal justice is dispensed to all Americans.”
Notably, the arch-liberal Justice Ruth Bader Ginsburg, who passed away last year, stood as an opponent to such court-packing proposals, telling National Public Radio’s Nina Totenberg in 2019 it would “make the Court look partisan.”
Justice Stephen Breyer, known as one of the liberal justices on the Court, recently cautioned against court-packing as well, warning it would “diminish” confidence among Americans.
“If the public sees judges as ‘politicians in robes,’ its confidence in the courts, and in the rule of law itself, can only diminish, diminishing the court’s power, including its power to act as a ‘check’ on the other branches,” the 82-year-old justice said during an April Harvard Law School address.
This is not the first time Democrats have attempted to pack the Court, taking steps during Franklin Roosevelt’s presidency to expand the Court to 15 justices. However, the widespread unpopularity prompted enough Democrats to side with Republicans to defeat the push.