Should Democrats stack the Court in 2021?

On September 18th, 2020, Ruther B Gindsurb, passed away from cancer. Senate Majority Leader Mitch McConnell has said he will fill the vacancy meaning there will be 6 conservative justices and 3 liberal ones if Republicans have their way in replacing RBG. That will basically mean the end of DACA, the end of Obamacare, and the end of Roe vs Wade. All of what progressives have fought for now down the drain.

However, Democrats are not stuck with that if they win in 2020. They can do many things to take back the Supreme Court. An idea that has been floated by many of the Progressive faction of the party is to increase the number of judicial seats on the court. Should Democrats do it?

First I just want to point out hypocrisy from the Republican Party. We are 41 days from Election Day, 25 states have already begun voting and we have a Senate Majority who seems quite frankly to not care about the precedent they themselves started in 2016, that a Supreme Court Judge should not be nominated on an election year. The GOP pulled this stunt with Justice Garland 9 months before the election. However, now we have Republicans fleeing into the Judicial Branch knowing they are not favored to win the 2020 election. This seems quite poetic as this happened to the Federalist Party after they stacked the courts knowing that they would lose. If Republicans succeed in confirming another justice, the Supreme Court will turn conservative for an entire generation being able to force down the throats of people a conservative agenda that not even a plurality of Americans believe in. Obamacare could be declared unconstitutional, DACA is on the line, so are Transgender rights and everything progressives have fought for in the last 10 years could go down the drain.

If Democrats don’t play dirty.

The solution to the hole that the Democrats let the GOP dig them into if the Supreme Court turns 6–3 on them, is to amend the Judiciary Act of 1869 which would allow them to crack the Conservative Majority by increasing the number of Justices. Now, this right there sounds like an immediate power grab, and in many ways, it is. I was personally opposed to this tactic just 3 weeks ago.

This method that many Democrats are flaunting was unthinkable before RBG’s passing.

Now however is a different time in history. It is time for Democrats as a whole to learn to play dirty. Democrats can not simply let the GOP stack the courts for generations on end. It is simply unthinkable that Democrats are going to be powerless in this. If the GOP wishes to play dirty and rob Barrack Obama of a Supreme Court Justice but then allow Trump to do what they wouldn’t let Obama do, then Democrats need to learn to play dirty. Stacking the courts is politically risky but so is letting the Republican party cheat their way to power. I think it is time for Democrats to give Republicans a taste of their own medicine. That starts with the retaking of the Judiciary.