A new political panic has emerged in our country over the dire specter of “court-packing” under a Biden presidency. Sadly, those raising an alarm have the definition of packing exactly backward.
Over the last two years of the Obama administration, Mitch McConnell refused to confirm all but a handful of nominees for federal judgeships. So many seats were left open that justice was delayed in countless cases. Were these unqualified jurists lacking approval of the American Bar Association like so many of Trump’s appointees? Not at all. They were denied seats for the same reason Merrick Garland was denied so much as a hearing — because Republicans saw no problem in shirking their constitutional duty when political gain could be served instead.
Is it worth mentioning the hypocrisy of denying Garland a hearing months before an election, but rushing Amy Barrett’s confirmation while Americans are already voting? Or that Republicans have argued, and even sponsored legislation, in favor of changing federal court sizes? They were A-okay with unilaterally reducing the Supreme Court to eight seats for over a year.
Donald Trump mockingly thanked Obama for leaving him 128 federal judgeships to fill: namely, the seats McConnell stole. In 2016 several Republicans openly vowed to approve no judges at all for a Clinton administration. They would happily let the federal bench grow more depleted through retirements and deaths until their own party re-entered the White House. Evidently, they’ve decided that a president duly elected by the American people, but who happens to be a Democrat, can be refused the constitutional right to appoint judges. If that means innocent defendants sit longer in pre-trial detention, or guilty murderers enjoy themselves on bail over long delays — tough stuff! So long as the Republican Party controls the courts.
McConnell proceeded to approve Trump’s judges rapidly. Many have little or no judicial experience but such niceties of bygone days fly out the window when court-packing gets underway. The more ideologically rigid, the better. Just so they’re recommended by rightwing think tanks.
But Mr. Biden is now getting chided for refusing to commit to never fighting back. Why should he box himself in? Maybe Chief Justice Roberts will renew efforts to minimize politics. Or maybe Congress will pass term limits for SCOTUS. To borrow Trump’s words, “Let’s see what happens.” There’s more than one way to unpack the courts.
Anesa Miller
Bowling Green
