Sen. Mike Lee, R-Utah, who used the last seven minutes of his time allocated to rail against the notion of expanding the High Court’s roster to Supreme Court nominee Amy Connie Barrett, gave some Democrats the means to pack it. As suggested. With liberal judges.
Barrett himself did not say much on the subject, only to recognize that the size of the Supreme Court – currently nine justices – has been determined by Congress through legislation.
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“There are non-good, discretionary reasons regarding the separation of powers between the three branches of government, the reasons we had to leave at number nine for the last 150-plus years,” Lee said.
Democratic figures such as Repo Joe Kennedy III, D-Mass. And Sen. Ed Mark, D-Mass., Call for doing just that as a retaliation for Republicans moving forward with Barrett’s confirmation before the November election. Democrats suggested under the assumption that they would take control of the Senate and the White House after the election, giving them the power to change the current norms.
Lee recalled that the president’s last attempt to expand the court roster and nominate several new judges – commonly known as court packing – was made in 1936 by President Franklin Roosevelt. Lee noted that Roosevelt failed to achieve this, although his fellow Democrats controlled the House and Senate with “extreme domination”.
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The Utah Republican went on to refer to the “that I advise everyone” advice from anyone other than Democratic presidential candidate Joe Biden, who addressed the topic in the Senate in 1983. Lee recalled that Biden acknowledges that the constitution does not determine the number of judges, it must be one of the nine, for the separation of powers.
“President Roosevelt clearly had the authority to send a proposal to the United States Senate and the United States Congress to be sent to court. It was within his authority to do so. He violated no law. He was legally, absolutely right, ”said Senator Biden at the time. “But it was a bone idea. It was a terrible, terrible mistake. And this is the question, if for a whole decade, the independence of the most important body… in this country, the Supreme Court of the United States. ”
Biden and other Democrats now suggest that it is Republicans who are trying to pack the court, referring to their efforts to fill increasingly judicial vacancies, which they did with great success in President Trump’s term is. Lee left this message.
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Lee said, “In recent times I have seen some in the media and some try to redefine this body as to what it means.” All people together, some have defined it to suggest that it has had the Trump administration and the Republican Senate for the last three-and-a-half years, filling in the vacancies, as they arose, and doing Are pedagogues, with original judges. It may not be something like something, but it is not a court packing. Court packing is manipulation in itself, it is something in which there is a great risk of doing political and constitutional harm to this mode of government because it will establish a unilateral shaft. ”
Lee explained that court packing does long-lasting damage because if “you create a situation and someone confirms that situation,” it cannot be eliminated until the person who filled the seat dies. Does not retire, retire or is removed through impeachment.
Lee also warned that if the Democrats were to pack the court, it would set a precedent that would next inspire Republicans to do what they have the power and opportunity to do so.
“You’ll end up raising it in the end. Before it looks like the Senate in Star Wars where you’ve got hundreds of people,” Lee said.
The senator claimed that any increase made for political purposes would “entrust the court”, and ultimately jeopardize security such as freedom of religion and free speech.
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Biden – Despite speaking out against the court packing in 1983, and even during a 2019 interview, said Democrats “want to live that day” if they do so now – about their position on court packing I refused to answer questions. Lee argued that there is only one reason he would not address the issue.
“There’s a reason he’s not saying if he would do it,” Lee said. “There’s only one reason you refuse to answer that question. If you want to be able to do that, but you don’t want to take heat for the fact that you’re thinking about doing it now . “