"Nine seems to be a good number. It’s been that way for a long time...I’ve heard that there are some people on the Democratic side who would like to increase the number of judges. I think that was a bad idea when President Franklin Delano Roosevelt tried to pack the Court.”

So said Supreme Court Justice Ruth Bader Ginsberg in an NPR interview on July 24, 2019.

Democrats are now threatening to pack the Court with as many as four more justices; it seems they have no problem going against RBG on this, while using her name as a pretext for doing it.

As reported by NPR, she also dictated a statement to her granddaughter in her last days saying it was her “most fervent wish” that she “not be replaced until a new President is installed.” Ah, but this time, Democrats consider RBG’s wishes sacrosanct.

And they ignore something she’d previously said: “...the President is elected for four years, not three. So the powers that he has in year three continue into year four...and that’s how it should be.”

Never mind the confusion created by these very different versions of what she said she wanted, let alone the idea that someone’s deathbed wish should override the Constitution. And what did she mean by “new President”? “New,” as in “different”? Did she mean that if Trump is re-elected, we should hold her seat open till the “new” President takes office in 2025? That sure is a long time to struggle on with a tie-prone 8-member court. Just getting through the next few months that way would be a nightmare, given the inevitable election challenges.

Times sure have changed. As I said on Sean Hannity’s TV show Monday night, it was Sen. Harry Reid who “threw the match in the gas can” in 2013, when he killed the filibuster for judicial appointments. He was told at the time that it would come back to bite, and now it has. Thank God we have a President who won’t be intimidated and will do his duty, and I pray the Senate will do the same. I also wish we had some real journalism going on; then people would know that proceeding with nomination and confirmation of a new justice under these circumstances is constitutional and customary.

Andrew C. McCarthy, writing in NATIONAL REVIEW, makes the same point I did over the weekend --- that what happens now really all comes down to politics. One party will do what it calculates it has the power to do, given the anticipated political fallout.

As McCarthy points out, there was nothing wrong with President Obama nominating Merrick Garland for Supreme Court Justice, just as there was nothing wrong with Sen. Mitch McConnell’s Senate majority blocking that nomination. It’s all constitutional. The rest –- all the “outrage” –- is pure politics.

McCarthy worries, though, that Republicans’ push to confirm before the election may make it harder for Trump to win against enraged Democrats, as it motivates them even more. I don’t know about that. At the risk of sounding like Chandler Bing from FRIENDS, could Democrats BE more enraged? Republicans could smile and nod and confess to deep-seated racism and capitalist greed and cave to everything the left wanted, no matter how insane and unconstitutional, and they’d still move the goalposts and find more reasons to be enraged. It would never end. Republicans have the opportunity to make this appointment, it’s perfectly constitutional, and they must take advantage of it, just as the Democrats absolutely would. Case closed.

Sen. Lindsay Graham said on Hannity’s show that “we’re gonna move forward in the [Judiciary] committee, we’re gonna report the nomination out of the committee to the floor of the United States Senate, so we can vote before the election. That’s the constitutional process.”

Why so determined? “After Kavanaugh, everything changed with me,” he said. “They’re not gonna intimidate me, Mitch McConnell or anybody else...We’re gonna have a process that you’ll be proud of, a nominee who’s gonna be supported by every Republican in the Judiciary Committee, and WE’VE GOT THE VOTES TO CONFIRM THE JUDGE [emphasis mine] on the floor of the Senate before the election. And that’s what’s coming.”

Trump says he'll announce his choice on Friday or Saturday. Senators know it'll be Judge Amy Coney Barrett, who reportedly met with the President on Monday, or one of several other women on his shortlist (which he, unlike Biden, has revealed).

So this is apparently happening. Get ready to hear a lot more threats about packing the Court as “payback” for doing what the Senate absolutely has the constitutional right and, arguably, obligation to do.

REASON has a must-read (cautionary) article that outlines the various power-grabs the Democrats intend to make as soon as they are able. What everyone needs to understand is this: IF THEY GAIN POWER, THEY WILL DO THESE THINGS WHETHER TRUMP WAS ABLE TO GET HIS NOMINEE CONFIRMED OR NOT. For this reason, no matter what else happens, Biden and the Democrat ticket absolutely must not win. I cannot say this strongly enough. If they do, the America we love will be largely over. Republicans have to win in such a landslide that there’s nothing Democrats can do after November 3 to upset the process and the will of the electorate.

Author Josh Blackman agrees with Jeffrey Toobin in the NEW YORKER that these changes are not only good payback but “good policy as well.” He’s all for 1) the complete elimination of the filibuster, 2) statehood for DC and Puerto Rico, with two new senators for each (“an appropriate rejoinder”), 3) adding to the number of lower-court judges, and 4) adding to the number of SCOTUS justices (“the greatest and most appropriate form of retribution”).

"If Republicans succeed in stealing two seats,” he writes (note his choice of the word “stealing”), “the Scalia and Ginsburg vacancies, the Democrats could simply pass a law that creates two or three more seats on the Supreme Court." He likens this to playing a game of hardball.

See how the “game” is rationalized? (Again, they really don’t care what RBG would think of adding seats.) I brought up this article to get you into leftists’ heads and show you what they have planned. Clearly, they intend to do these things whether Trump gets his way on a new justice or not.

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Comments 1-25 of 30

  • STEPHEN PLACE

    09/24/2020 04:48 AM

    Your Excellency,
    Thank you for taking the leading of the Holy Spirit each day. I wish your commentaries were a little shorter. Imagine how many more readers would get to the end of a daily piece if it were boiled down to fewer words.
    Oh yea. Silly but precise. Please headline the piece with complete information. Add the DAY, "Thursday", September 24, 2020. Thanks Mike!
    Steve, 508-326-5457

  • rodney burke

    09/23/2020 11:32 AM

    we are seeing the crimnal side of the left. It's time to TREAT them as the criminals they are. they are already engaging in sedition and insurrection and both need to be punished by law. I recommend hanging or life without parole. antifa,and BLM + schumer have already told us they intend to engage in criminal acts if they don't get their way. Let's start with sewer water on "protestors" and go from there. they need to know what harsh is.

  • Mike G

    09/23/2020 11:13 AM

    Trump & the Republicans should stack the court NOW, before the Dim's have a chance to do so. Then, thru the Convention of States, we need an amendment to limit the number of justices on the court. This would keep the Dim's from forever changing our country via activist judges, not laws created in Congress.

  • Larry Blessitt

    09/23/2020 10:50 AM

    The Republicans should beat them ay their own game and threaten to add four more conservative judges now.

  • Dan Czerniak

    09/23/2020 09:57 AM

    Mike,
    You are spot on as always - Keep sending us good information that keeps us well informed.

  • Eva Sedgwick

    09/23/2020 07:41 AM

    Did Trump support eugenics in his speech at a recent rally in Minnesota?

  • betty willette

    09/23/2020 07:11 AM

    Governor, I absolutely agree with you. We are scared to death of what an America under Biden/Harris would look like and do not want all our hard-earned savings stolen away by these liberals who think what we've earned should be distributed to people of their choosing. I'm putting my money where my mouth is this election.

  • domenic toni

    09/23/2020 05:22 AM

    I agree, once the Democrats get back into power (I pray they lose in a presidential landslide in both the electoral as well as the popular vote), lose seats in the senate and lose control of the Congress, they will do what they say to keep their power and keep the conservatives out. No ands ifs or buts.

  • Tony Smith

    09/22/2020 11:54 PM

    Maybe President Trump should "accidentally" let it slip that HE is thinking of packing the court--RIGHT NOW!

  • Helen Ziller

    09/22/2020 09:26 PM

    I am in California and according to the letter I got today we are not going to be allowed to vote at the polls only by mail.Sounds like fraud.

  • HelenC

    09/22/2020 08:43 PM

    Supreme Court should be apolitical. Dems nominate justices who r loyal to Dem political ideology. Republicans select justices who adhere to the constitution. I feel more comfortable with justices chosen by Republicans.

  • Steven Lechtenberg

    09/22/2020 08:36 PM

    I have always said that the democrats would, one way or another, steal this election away from us. We can’t speculate about the future, we already know what the democrats intent is, we have to live in the now and get a ninth justice on the Supreme Court. The republicans have to get into gear and get this done. Just like 2000 the Supreme Court will have to decide this election. We can’t let the continuing violence by THE PEACEFUL PROTESTORS dissuade us from getting PRESIDENT DONALD TRUMP RE-ELECTED. These are perilous times for us good Christian and patriotic Americans. The violence will continue even after the election. Law and order are just words anymore. After this election is settled and I’m confident PRESIDENT WILL WIN, then we can go about getting this country back on track

  • Mex Seiko

    09/22/2020 07:02 PM

    I think the Republicans should fulfill the Democrats’ threat when they win 2020. They should add 3 justices and go down Trump’s list and approve them. Democrats talk about arrows and quivers. They forget that whatever “arrows” they have, Republicans do as well as long as they are in power.

  • Joel Loeffelholz

    09/22/2020 05:25 PM

    CHOICES

    If you are OK with:

    Insurrection, Anarchy, mob violence, mob rule, and wanton destruction of property.

    Radical Marxist socialism.

    A senile, bewildered figurehead President who cannot think for himself but will be led and controlled by the most unbelievably dangerous radical socialist puppeteers in our history (Soros, Sanders, Warren, AOC, Pelosi, Schiff, Nadler, Waters, Tlaib, Pressley, Omar, Sarsour, BLM, ANTIFA, Harris, Obama, etc.).

    The destruction of our culture, our history, our Constitution, the rule of law, our law enforcement, our economic system (Capitalism), our way of life, and the very fabric of our society.

    The abandonment and destruction of Israel.

    Three TRILLION dollars in NEW ADDITIONAL taxes (that’s the amount in Biden’s [or should I say Sanders’, AOC’s]) plan imposed on anyone who’s income is in excess of $42,000 (the middle class).

    Then Biden is your man

    On the other hand, if you believe in hard work, independence, our way of life, our values, our Constitution, the rule of law, our law enforcement, our economic system (Capitalism), the survival of Israel, and do not want to see this happen for your sake, your children’s and grandchildren’s sake and future generations,

    Then Trump, warts and all, is your man no matter what you think of him.

    You might (or might not) consider them stark, but the reality is that those are our choices. It’s that simple.

  • Michael Wrasman

    09/22/2020 03:14 PM

    Mike:

    I totally agree with your article. Finally, the Republicans in the U.S. Senate (even Mitt Romney!) are showing backbone [except for RINOs Susan Collins and Lisa Murkowski].

  • Ron Besse

    09/22/2020 03:14 PM

    I would not wish a early death of anyone but Stephen Breyer is 82 years old and I assume in good health but what if Trump wins re-election and that position opens. How many more heads would explode on the left?

  • Gregory Weinman

    09/22/2020 02:59 PM

    Governor,
    There are 11 Judicial Circuits now. Adding in the DC Circuit and the Federal Circuit makes 13. I think 4 more justices seems appropriate. What do you think the Democrat reception to that would be should the president proposed it?

  • Arlene Kelly

    09/22/2020 02:49 PM

    What a good and godly president you would be. Try again 2024?

  • Dawn Peavy

    09/22/2020 02:45 PM

    It isn't a constitutional requirement to have the nominee go before the judiciary committee if there are already enough votes among the Senators to confirm the nominee. It has become a courtesy, so to speak, but the committee is not needed unless there is a question about whether there are enough votes to confirm. At least that's my understanding of the authority of the Constitution, as written. ( which, I might add, is being trampled upon daily by democrats ). That would eliminate the circus show the dems put on for public consumption.

  • Jerry korba

    09/22/2020 02:14 PM

    I gave away all respect for the leftist behavior to me they are the tree that falls in a forest of a million ?? trees I don’t give a shitff what they say the more outrageous they get the harder I laugh I believe they let George sorus remove a good portion of the brain they used to steal as much from the taxpayers as they could.

  • Constance Cox

    09/22/2020 02:10 PM

    I never understood how Hitler was able to come to power. I saw a program on that, I believe it was PBS. It really reminds me of the democrat party today and the people who don't pay attention to what is happening around them. I am not calling anyone a Hitler, just saying look at past history. Don't ignore the ability of a group to cause changes you don't want because it is easier to do nothing till it is to late.

  • Lewis Cleveland

    09/22/2020 02:10 PM

    Gov. Huckabee. More to say how proud I am of you sharing this for the fact. DemocRats makes me so nauseating and they are fill with hatred And lies and twisting and double talk, smooth talker, claim about integrity of vote,mHA! Liar are they for Americans? again, HA! More lies! Did RGB really said that? I definitely doubt it. Democrats fill with liars. They promote violence and killing, NOT TRUMP! Democrats in fact causing dividing nation, NOT TRUMP! Thank you, Gov. for sharing this.mTrump will win for the choice of SOTUS seat. Pray for this country, police, military.

  • Anne Turner

    09/22/2020 02:10 PM

    I am finding that my liberal neighbors simply do not, or won’t acknowledge, what is going on. One told me that the few destructive riots that are going on in the cities are because white supremacists are being brought in and that almost all of the protests are peaceful, nothing to do withstand BLM organization. They are not aware that BLM has an actual organization. They do not acknowledge Antifa. They never heard about the toddler with a rare disease being denied exit from the the UK health system to go to the Vatican for treatment. These are upper middle class, educated people. There .Canadian friends tell them their health system is wonderful. Why then do my Washington State relatives tell me about all the .Canadians who come to the .US so they can get timely medical care. Theses folks hate Trump so much, believe in systemic racism so much, believe that children are starving. They simply do not want to know anything that conflicts with there beliefs. That is why I think Biden will win. They also tell me that Biden is a fine moderate and perfectly cognitively adept. His gaffes are just cute and it is because he is a stutterer , most didn’t know that, either. Of course Kamala is moderate and tough on crime. Immigrants just want a better life and it’s okay if we open our doors. We have plenty of land. The rich will pay their fair share and all will be fine. The extremes being spoken of by the DNC are just Election year political and will never be implemented. Late term babies are really not aborted unless drastically deformed so what’s the problem? Women should have absolute control over whether or not to continue a pregnancy. The fathers have nothing to say about it. Most white men are vile creatures anyway. On the other hand these young Black men who get in trouble are really heroes who have just been victims of racism. Thanks for providing a forum to vent.
    .

  • Howell Hill, MD

    09/22/2020 02:08 PM

    Governor, let it be noted the Senators from Maine & Alaska might vote ‘present’ when the time comes to vote on a Trump nominee for The Supreme Court vacant seat; this would reduce the number needed to confirm the nomination at 48.
    Also the vacant seat on the Court is exactly that, a vacant seat on the Court not RBG’s seat. The seat belongs to all Americans.
    I enjoy your insight and wisdom twice a day, thanks.

    hh

  • Steven M. Willadsen

    09/22/2020 01:34 PM

    Packing the Court was done by FDR in the 1930s and found to be unconstitutional if I am not mistaken.