GOP Governors Pen Letter to Joe Biden Expressing Opposition to Court Packing

WASHINGTON, DC - APRIL 23: Members of the Supreme Court pose for a group photo at the Supr
Erin Schaff-Pool/Getty Images

Alabama Gov. Kay Ivey, along with 19 other Republican governors across the country, has penned a letter to President Joe Biden to express their opposition to “court packing.”

In the letter, led by Ivey, the governors described the move to pack the U.S. Supreme Court as “unprecedented, unproductive, and unpredictable”:

As Governors, we oppose any attempt to increase the number of Justices on the Supreme Court of the United States. In short, “court packing”—or increasing the number of Justices to manipulate the Court’s decisions—would be unprecedented, unproductive, and unpredictable. The highest court in our land has seated nine justices for more than 150 years and has persisted throughout our nation’s history, dispensing justice even when faced with landmark, controversial decisions.

The American form of government is one that depends on the sovereignty and cooperation of states. Each term, the Supreme Court hears criminal and civil matters that are critically important to our states and to the people we represent. Historically, cases before the Supreme Court have served as the last legal defense of state sovereignty, protecting states and our citizens from federal overreach.

The governors who signed onto the letter expressed that they “have a vested interest in ensuring that our nation’s highest court remains independent and free from political pressure or partisan power grabs.”

The governors also called out Biden for his signing of an executive order to “explore reforming the court,” considering his implied notion of expanding the court to be one of “radical change”:

In April, you signed an Executive Order to form the Presidential Commission on the Supreme Court of the United States to explore reforming the Court, specifically including the consideration of court packing. Opposition to the composition or past decisions of our Court should not be the impetus for radical change to a bedrock branch of our nation’s government.

The governors also urged Biden “to withdraw this proposal from consideration,” saying each “partisan shift will result in seats added to the Court until the Court has lost not only its independence but its authority.”

They also warned that the “end result of court packing would lead to inconsistent rulings that undermine the legitimacy of the Court and fail to guide our nation and serve our states.”

The Court’s decisions dramatically impact the citizens of our states every day. As governors, we stand united to preserve a system that has served us well for over a century and a half, contributing to a just society that is the envy of the free world. As your Commission issues reports in the coming months, we call on you to rebuke any attempts to pack the Supreme Court for political gain and to protect the integrity of the judiciary as a coequal branch of government.

Ivey released a statement following the announcement of the letter, saying Democrats are attempting to “make the U.S. Supreme Court a bench of activists pushing their agenda.”

“Court packing is Washington Democrats’ attempt to make the U.S. Supreme Court a bench of activists pushing their agenda,” Ivey said. “To simply put it, increasing Justices would be unprecedented, unproductive and unpredictable.” Ivey added:

I have the highest respect for the U.S. Supreme Court and the grave responsibility these nine individuals have, which is why I strongly oppose any change to the number of Justices on the bench. I am proud to lead this letter with 19 of my fellow governors. I urge President Biden to put down any partisan pressures and withdraw consideration from any proposal to pack the court.

The Republican governors who signed the letter include Kay Ivey (AL), Doug Ducey (AZ), Ron DeSantis (FL), Brian Kemp (GA), Brad Little (ID), Eric Holcombe (IN), Kim Reynolds (IA), Tate Reeves (MS), Mike Parson (MI), Greg Gianforte (MT), Pete Ricketts (NE), Chris Sununu (NH), Doug Burgum (ND), Mike DeWine (OH), Kevin Stitt (OK), Henry McMaster (SC), Bill Lee (TN), Greg Abbott (TX), Spencer Cox (UT), Mark Gordon (WY).

Follow Kyle on Twitter @RealKyleMorris and Facebook.

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