THE BATTLE FOR THE COURT – OVERNIGHT:  And it may be the most important battle we'll see in the age of Biden.  It is clear that the Democrats, who seem to have almost no respect for any American institution, would like to "pack" the Supreme Court by adding enough judges while they control the House, Senate and White House, to insure liberal/radical control of the highest court in the land.

Franklin D. Roosevelt tried to pack the court in 1937, but his own party turned against him and the maneuver failed.  Now Republicans are trying to pre-empt the Dems.  They may fail, but they'll be alerting the American people to the danger of tampering with the Supreme Court.  From Fox: 

West Virginia Republican Sen. Shelley Moore Capito reintroduced a bill Friday that would limit the number of justices permitted in the Supreme Court.

"A nine Justice court has worked for our country for more than 150 years," Capito said in a statement Friday. "Increasing that number in a partisan effort to achieve a desired policy result is a never-ending proposition."

Following the death of the late Justice Ruth Bader Ginsburg on Sept. 18, 2020, Republicans in the Senate rushed to push through a new Supreme Court justice – securing a third Republican-appointed justice under President Trump.

Democrats furiously pointed to the hypocritical nature of the confirmation, reminding their fellow GOP lawmakers of their refusal to review President Obama’s Supreme Court nominee, Merrick Garland, in March 2015, at which time they cited concerns over appointing a justice during an election year.

Justice Amy Coney Barrett was appointed to the high court on Oct. 27, 2020, just one week prior to the general election – causing a furious backlash from Democratic lawmakers, some vowing to "pack the courts" if Biden were elected.

The ability for Democrats to add more justices to the high court became a reality after the party won not only the White House, but majority control in the Senate.

"Once this door is opened, respect for the Supreme Court as an independent arbiter of cases and controversies would fall away as it became another partisan branch of government," the West Virginia Republican said Friday. "We should preserve our independent judiciary by closing the door to court-packing."

Though Supreme Court justices are intended to remain non-partisan in their judicial role, each justice tends to interpret the constitution in a manner that aligns with the White House's political affiliation during their time of appointment.

There are currently six justices in the Supreme Court that were confirmed under conservative presidents, while only three were appointed under Democratic presidents – a division that some lawmakers have said does not accurately reflect the political standing of the nation.

Nine justices have sat on the Supreme Court for the last 150 years, but there is no language in the Constitution that sets or limits the number of justices permitted in the high court.

The legislation originally put forward by Sen. Marco Rubio, R-Fla., in March 2019, calls for an amendment to the U.S. Constitution that would limit only nine justices permitted in the court at a time.

In October, Speaker of the House Nancy Pelosi said that given the growth in population since 1876, when nine justices starting arbitrating from the high court, the U.S. may need to reevaluate the number of justices who regularly sit on the bench.

COMMENT:  Even Ruth Ginsburg, liberal icon, said that nine was a good number.  If the Democrats get to pack the court, the standard for appointment will have nothing to do with the qualifications of the candidate.  It will have everything to do with the group the candidate "represents."  Identity politics carried to its worst extreme.  It must be stopped.

January 22, 2021