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ICYMI: Rubio: Yes, Joe Biden Will Pack the Court

Oct 19, 2020 | Press Releases

It is telling that no Democratic senator has cosponsored my constitutional amendment, which would merely keep the Supreme Court at the same number of seats it has had since 1869. Now, every Republican who cares about preserving our institutions should join us.

Joe Biden and packing the Supreme Court — the dirty little secret Dems don’t want to reveal
By U.S. Senator Marco Rubio (R-FL)
October 19, 2020
Fox News
You don’t need to wait for Democratic presidential nominee Joe Biden’s long-promised and still-elusive answer to know that a Biden administration would sign legislation into law allowing them to pack the Supreme Court with left-wing activists.
Biden may claim that he is “not a fan” of court-packing, but when asked directly last week whether he would support it, he acknowledged “it depends” on how Judge Amy Coney Barrett’s nomination “turns out.”
Well, we know that Judge Barrett — thanks to her impeccable credentials and hearings — will soon be Supreme Court Justice Barrett.
And we also know that the Biden campaign believes soon-to-be-Justice Barrett’s confirmation process is “illegitimate” and “reckless.” Biden’s running mate, Sen. Kamala Harris, D-Calif., said as much.
The former vice president can dodge the question for another 15 days, but we know exactly what he’ll do because his radical base demands it.
And here is the dirty little secret that Democrats do not want the American people to know: it has always been their plan to pack the Supreme Court with liberal judges.
This isn’t about Amy Coney Barrett or Justice Neil Gorsuch or Justice Brett Kavanaugh. The truth is that this has been in the works since Donald Trump was elected president of the United States four years ago.
The good news is that Senate Republicans saw this coming and began laying the groundwork to push back against the Democrats’ efforts to destroy our institutions. In March 2019, my colleagues and I introduced a constitutional amendment that would limit the Supreme Court of the United States to nine justices.
It is telling that no Democratic senator has cosponsored my constitutional amendment, which would merely keep the Supreme Court at the same number of seats it has had since 1869. Now, every Republican who cares about preserving our institutions should join us.
In 2017,  Michigan Law School professor Richard Primus, who also clerked for Justice Ruth Bader Ginsburg, warned that court-packing would cause federal courts to “lose a hefty share of whatever legitimacy they still retained” in the current politicized era.
Former Obama White House counsel Bob Bauer argues court-packing “does not serve to strengthen the institution” because “its actions on the controversial issues would carry less authority, with unpredictable consequences for the rule of law.”
Protecting our legal institutions is critical. Over the past two centuries, they have defended and upheld Americans’ natural rights and made the United States the most exceptional nation in all of human history.
But this is about more than our institutions — it is about what happens to our country, our communities, and our way of life if the radical left and the Democratic Party destroy them. It is clear they don’t want to pack the Supreme Court just to cancel out the votes of Justices Clarence Thomas, Samuel Alito, Neil Gorsuch, Brett Kavanaugh, and soon Amy Coney Barrett. They want to pack the Court to cancel out your ability to resist their radical agenda.
The truth is that this is a major part of the Democratic Party’s desire to manipulate and coerce our public institutions into being an arm of their radical progressive agenda. And that radical agenda is part and parcel to Joe Biden, who said earlier this year that he would be the “most progressive president in history.”
Our Founders believed in a radical idea: that all men are created equal and that their rights came from God, from our Creator. That idea — the very premise of our nation’s founding — is increasingly under assault from the left. They would have you believe that America and its founding is irredeemably racist, and that nothing short of a revolution is acceptable
This cultural revolution will come at a great cost to our personal freedoms and natural rights, but our nation’s institutions stand as a bulwark against the effort to remake America. If the left succeeds in packing the Supreme Court, they will be one step closer to erasing our founding and values in pursuit of progressive utopias such as Seattle’s Capitol Hill Autonomous Zone.
To protect our people, we need to protect our institutions and ensure no one can ever pack the Supreme Court for partisan gains.