The likelihood that President Trump and Senate Republicans will try to fill Justice Ruth Bader Ginsburg’s Supreme Court seat before the end of the year has some Democrats calling for major changes on the court - including expanding the number of justices.
Biden, who ran a relatively centrist primary campaign and spent 36 years in the Senate, is concerned that such moves would worsen divisions during a particularly polarized moment in American history.
“Nothing is off the table” for Senate rules changes if Republicans quickly confirm a new justice, Senate Democratic leader Chuck Schumer of New York warned in conference call Saturday with Democratic senators, according to a person on the private call who was not authorized to discuss it publicly and spoke on condition of anonymity.
In the Democratic primaries, Biden prevailed over candidates who supported big changes for the court, including former South Bend, Indiana, Mayor Pete Buttigieg. It’s been more than 80 years since expanding the size of the court has received serious discussion. In 1937, Roosevelt tried and failed to add seats to a court on which aging conservative justices had struck down several New Deal programs. Roosevelt lost the fight in Congress over court expansion, though retirements soon eliminated FDR’s need for legislation.
Congress might also act to impose term limits, but any change is likely to draw a legal challenge because the only limit set by the Constitution is that federal judges “shall hold their Offices during good Behaviour.” They can be impeached, but otherwise decide for themselves when to retire.
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