A press release from Sen. Marco Rubio’s (R-Fla.) office criticized calls from various Democrats to expand the Supreme Court in response to former President Donald Trump’s nomination of three justices.
“As a candidate, President Joe Biden promised to unify America, and even said he was ‘not a fan’ of packing the Supreme Court, a radical proposal he once referred to as a ‘bonehead idea’ when he served in the Senate. If he is sincere about healing our country and protecting our institutions, he will support this effort to protect the Supreme Court,” Rubio stated in the release.
Other Republican senators have taken issue with the proposal, which was floated by top Democrats during the 2020 election season.
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“Last Congress we proposed this amendment which would maintain the number of seats on the Supreme Court at nine,” said Sen. Mitt Romney (R-Utah), who joined the GOP effort to introduce the measure on Monday. “It remains imperative that we continue to resist efforts to pack the Supreme Court and treat it as if it is one of the elected branches of government. Our society is only as strong as its institutions, and I hope my colleagues will join us in our effort to ensure the integrity and independence of the Supreme Court.”
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The push from GOP lawmakers to limit the Supreme Court to nine justices comes months after former President Donald Trump appointed Justice Amy Coney Barrett.
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Ahead of Barrett’s confirmation, some Democrats discussed the possibility of expanding the court, as the New York Post reported in October 2020.
“As a candidate, President Joe Biden promised to unify America, and even said he was ‘not a fan’ of packing the Supreme Court, a radical proposal he once referred to as a ‘bonehead idea’ when he served in the Senate,” said Rubio. “If he is sincere about healing our country and protecting our institutions, he will support this effort to protect the Supreme Court.”
During his campaign, President Biden did not definitively answer whether he would support expanding the high court. However at another time, Biden told an Ohio news station that he believes the issue is a distraction.
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“I’m not a fan of court-packing, but I don’t want to get off on that whole issue. I want to keep focused,” then-candidate Biden told WKRC. “The president would like nothing better than to fight about whether or not I would in fact pack the court or not pack the court.”
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Other than Rubio and Romney, Sens. Kevin Cramer (R-N.D.), Marsha Blackburn (R-Tenn.), Todd Young (R-Ind.), Mike Crapo (R-Idaho), Pat Toomey (R-Pa.), Shelley Moore Capito (R-W.Va.), Thom Tillis (R-N.C.), Rob Portman (R-Ohio), and John Cornyn (R-Texas) opposed the measure.
The calls to expand the court came after Supreme Court Justice Ruth Bader Ginsburg’s death last fall, which led to the confirmation of now-Justice Amy Coney Barrett.