Sasse: Democrats’ New Court-Packing Bill Is ‘Delusional’

Sen. Ben Sasse (R., Neb.) speaks during the third day of Senate Judiciary Committee confirmation hearings for Judge Amy Coney Barrett on Capitol Hill in Washington, D.C., October 14, 2020.
(Patrick Semansky/Reuters)

Senator Ben Sasse (R., Neb.) on Thursday criticized Democrats’ plans to unveil new legislation that would expand the Supreme Court from nine justices to 13, calling the bill “delusional.”

“Here are some facts: The Supreme Court isn’t supposed to be America’s super-legislature; Democrats don’t have some historic mandate in a 50-50 Senate to nuke the Court; the progressive activists who wrote this bill are high on their own supply; and a whole bunch of sane Democrats are quietly praying this thing dies,” Sasse said in a statement to National Review.

“The court-packing bill is delusional,” he added.

Senator Ed Markey (D., Mass.) will sponsor the bill in the Senate, while Representatives Jerry Nadler (D., N.Y.), Mondaire Jones (D., N.Y.) and Hank Johnson (D., Ga.) will serve as its advocates in the House, according to The Intercept.

The addition of four judges would give Democrats the ability to supersede the court’s current 6-3 conservative majority on the court. While the high court has had nine justices since the 19th century, the number of justices is not specified in the Constitution.

Sasse joins a number of Republicans who were quick to criticize the new proposal, including Representative Jim Jordan (R., Ohio) who tweeted, “Does expanding the Supreme Court count as infrastructure too?”

Jones responded, “Yes,” with a heart emoji.

“Imagine if we reduced the number from nine to five and just kept the Republicans. You guys would go crazy,” Jordan added, according to the Washington Times.

The proposal comes nearly one week after President Biden issued an executive order forming a bipartisan commission that will perform a 180-day study of potential changes to the Supreme Court, including court packing and setting term limits for justices.

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