May 6, 2022

The effort by a handful of committed Democrats to elevate Supreme Court expansion got a powerful boost this week when Rep. Adam Schiff (D-CA) added his voice. In a tweet Wednesday, Schiff said “What I care about is that a small number of conservative justices, who lied about their plans to the Senate, intend to deprive millions of women of reproductive care. Codifying Roe isn't enough. We must expand the court.”

He elaborated on that in an interview with CBS News’s Robert Costa Thursday. “I think the court is now the most unrepresentative body in the United States,” He said. “It is a socially conservative court that has moved in a partisan direction to enact a partisan agenda. And it is the result of Mitch McConnell withholding a justice when Barack Obama was president and then forcing through a justice in the waning days before the election with President Trump.”

 

“As a result, the court is now stacked in this socially conservative way and I think it needs to be unstacked,” he continued. 

“Stacked” or “packed” by McConnell and Trump, choose your rhetoric, the result is the same: “the court is now in a position to force on America a policy regarding abortion that America does not agree with, that puts women’s health at risk and I think is disastrous for the country.”

The first order of business for congressional Democrats, he said, is to hold the vote on legislation to codify Roe v. Wade. He had a message for the two supposedly pro-choice Senators who aided and abetted McConnell and Trump in this, as well as for the anti-filibuster Democrats: “I have to hope that some of these senators that bought these assurances from these Supreme Court nominees when they—before the Senate, under oath—said that they would respect precedent, having seen those promises betrayed, would support legislation now to codify Roe and do what’s necessary to overcome the filibuster to do it.”

That’s not going to happen, not even for as profound an issue as saving reproductive rights. But don’t get discouraged, says another key proponent for expanding the court, Sen. Elizabeth Warren (D-MA). She gave a much-needed pep talk to all of us in Teen Vogue this week. “We may not end the filibuster in the next hour and a half, but it doesn't mean we shouldn't fight to do exactly that. To make change takes not only passion, but persistence. We gotta turn the heat up under it, and keep it up,” she said.

“Those who don't want to make change count on the fact that people get tired. Over Roe v. Wade, we don't have the luxury of getting tired. So if we want to make real change, we've got to push [to end the filibuster].”

She also gave an impassioned argument for expanding the court and for Democrats to keep fighting. “We need to be as visionary as right-wing Republicans have been,” she said. “The Roe decision, at some level, should have shocked no one. They've been working on this for decades. They've been working to stack the Supreme Court, so that it would be a handful of extremists who would deliver one opinion after another that would impose their worldview on the rest of us.”

“The number of justices on the Supreme Court is determined by Congress, that's what the Constitution says,” she pointed out. “Nine is not a magic number. It's been changed seven times before. When a court has gotten this far out of sync with American values, then it's time to expand the court and pull it back toward the middle.”

That’s the fight. It wouldn’t hurt for Rep. Schiff, who led the first Trump impeachment, to start making a legislative case for expansion by investigating all five extremist justices for swearing, under oath, to varying degrees of fealty to the idea of stare decisis—Supreme Court precedent. They all lied to different degrees about the respect they would give to the previous courts’ decisions.

They’ve, as Schiff said, squandered the integrity of the court. “[S]adly, most Americans now view the court as they should in the wake of this draft opinion as no longer a conservative legal court but merely a partisan one. The court has sadly become a partisan institution, like every other.” 

Republished with permission from Daily Kos.

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