The Threat of SCOTUS Restructuring

In 2016, Senate Minority Leader Chuck Schumer threatened to filibuster any Supreme Court nominee, who is not ” mainstream. This threat came after Senate Majority Leader Mitch McConnell blocked then-President Barak Obama from nominating a new justice to replace the late Antonin Scalia. Since 2016, Democrats have opposed every Supreme Court nominee from the Trump Administration. The Democrats did the same thing  30-years ago during the confirmation of Judge Robert Bork another Republican Supreme Court nominee. The Democrats polarized the Supreme Court nomination process and no Republican Supreme Court, nominee received more than 60 votes in favor of their appointment with the exception of Chief Justice Roberts who received 78 votes in favor of his appointment. 

 This culminated in 2019 when five Democrat senators filled a joint curia brief to the Supreme Court during the New York State Rifle and Pistol Association v. The city of New York case. In their “friend-of-the-court” brief, the five Democrat senators insinuate something ominous, writing,

“The Supreme Court is not well… Perhaps the Court can heal itself before the public demands it be restructured in order to reduce the influence of politics. Particularly on the urgent issue of gun control.

Court restructuring refers to either expanding the court by increasing the number of seats on it or placing term limits on the Supreme Court.  These five Democrat Senators essential are implying that if the Supreme Court did not rule in their favor then they would alter it to suit their needs. Following Justice Barrett’s confirmation, former Vice President Biden remarked that the Court was “getting out of whack” and if elected, a commission to recommend solutions to improve its efficiency would be created.

The Democrats politicized the Supreme Court by nominating Judges that conducted jurisprudence beyond the scope of the Consitution and the Founders’ original intent. The Republicans during Trump’s Administration have appointed three more Constitutional originalists to the Supreme Court creating a Conservative majority.  If the Democrats gain control of the White House and the Senate they will more than like restructure SCOTUS in some way.