Pack the Court: And the Republic for Which it Stands
Ruth Bader Ginsburg, a champion of justice and equality, has passed away. Her death now endangers our democracy. She lived an amazing life serving causes greater than herself. The tragedy is us, the country she leaves behind. In order to save it Democrats will have to pack the Supreme Court and reform this Republic.
Justice Ginsburg was born on the Ides of March in 1933. Only eleven days earlier a new President had taken a sacred oath assuring the American people that the only thing we had to fear was fear itself. Franklin Roosevelt helped lift this country from its knees during the worst economic crisis in history, the Great Depression. The New Deal saved lives and saved capitalism.
“So, first of all, let me assert my firm belief that the only thing we have to fear is… fear itself — nameless, unreasoning, unjustified terror which paralyzes needed efforts to convert retreat into advance.” -FDR
Right or wrong, many of the New Deal’s crucial programs were struck down by a reactionary Supreme Court. This third branch of government kept striking down programs meant to meet the moment and help everyday American citizens. FDR felt that the only way to save the country was to expand the Supreme Court with new justices or convince current ones to retire. He was wrong then and he is right today. This so called court packing is one of the only ways to correct a great wrong and save our country. We now have much to fear, more so today than ever before. What has changed? What is at stake?
In recent memory we have had two presidents lose the popular vote and yet wield the power of the White House. Or put another way, in the last seven presidential elections Republicans have only won the popular vote once (in 2004). We have witnessed the high hypocrisy of Senators denying a qualified Supreme Court nominee, not even allowing a hearing, and those same Senators rush to betray their own words when it benefited them. Senators who actually represent a smaller proportion of our population as a whole (only 45%). Senators who have said that making Election Day a national holiday would constitute a ‘power grab.’ All the while they undermine democratic norms and American mores.
The stakes could not be higher for us or for our children’s children. A multi decade super majority of conservatives on the Court will rule on the most important issues of our lives and legacy. From women’s rights, to sensible gun safety, to affordable health care their decisions can literally cost lives. From gerrymandering, to campaign finance, to the looming Climate Crisis their decisions can literally cost futures. A conservative Court that would strike down another New Deal that could solve these problems. And yet those who sent them to that high place do not reflect the will or interests of the American people.
Minority rule in a democracy cannot be right. Franklin Roosevelt failed in his effort to expand the number of Justices to 15 due to public and political backlash. Article III of our Constitution sets no official number for the Supreme Court. In the days of Washington it was 6 and in the days of Lincoln & the Civil War it was as high as 10. The number 9 is not sacred.
A Republican President and Senate that represent a minority of the country wish to impose their views on the rest. They aim to achieve this through raw power grabs and hypocrisy; in short in any way possible. Or as President Lincoln once said:
“These political fiends are not half sick enough yet. ‘Party Malice’ and not ‘Public Good’ possess them entirely.”
They have already politicized every part of American government, institutions, and norms. Now the highest Court has fallen. Whether we like it or not the Court is and has been politicized for some time. We can either reform this Republic to represent the people or watch it fall.
President Biden should expand the Supreme Court to 15 members and appoint all vacancies. The idea of a set term or age limits should be explored. There are some who argue that this will open Pandora’s Box and that the next time power shifts there will be retaliation and another expansion. They argue that this act will politicize and poison the Court. The poison, unfortunately, has already been injected and runs through our whole national system. There is a way to fight it. A cure to end minority rule and petty self interest.
The newly expanded court should be protected by the will of the American People. When self serving leaders try for raw power grabs, then empowering the people is the answer. It is not impossible to change a system, to bend it towards justice and fairness. The filibuster in the Senate must be eliminated, Statehood should be extended to our fellow citizens in D.C. and Puerto Rico, and the Electoral College done away with. There are other reforms to ensure the survival and flourishing of the Founder’s Experiment. The system of gerrymandering must be dismantled, Election Day made a national holiday, and every citizen automatically registered to vote when they turn 18.
To be sure, these reforms are difficult but no more difficult than watching your country fall into hopeless chaos. How many times can the majority of people watch the ballot box fail before people turn to the bullet box? If these reforms are carried out, if the court is expanded, then the Republican party will be forced to fairly compete for the hearts and minds of the American people. As history has shown, stranger things have happened.
