Packing the U.S. Supreme Court would be ''politically disastrous,'' and Democrats would do it only if they had the votes in Congress, says Carrie Severino, president of the Judicial Crisis Network and a former clerk to Associate Justice Clarence Thomas.
''Right now, they don't have the votes because they don't control the Senate. I think, also, there are a lot of — even their own senators and even their own House members who recognize packing the court would be disastrous, for the court, for the country,'' Severino said Thursday on Newsmax's ''Eric Bolling: The Balance.''
''It would trigger a quid pro quo of both sides just having to ratchet up the size of the Supreme Court — horrible idea. Even Bernie Sanders has said this is a bad idea,'' she said.
Earlier Thursday, Democrats reiterated their calls to pack the Supreme Court, demanding action after the court declined to halt Texas' controversial abortion law Wednesday.
"Republicans promised to overturn Roe v Wade, and they have," tweeted Rep. Alexandria Ocasio-Cortez, D-N.Y.
The Supreme Court rejected the procedural challenge to Texas' law, effectively allowing the state to bypass Roe v. Wade's limits on abortion bans. The law prevents abortions after a heartbeat is detected.
"There is no middle ground when it comes to fundamental rights and liberties," said Rep. Mondaire Jones, D-N.Y. "There is only one way to take seriously the threat of the Supreme Court majority and protect millions of Americans. We must #ExpandTheCourt."
Severino said Democrats ''can either abolish the filibuster and expand the court, or do nothing as millions of people's bodies, rights and lives are sacrificed for far-right minority rule. This shouldn't be a difficult decision.
''The reason they're not doing it isn't because they're just waiting for something like overturning Roe v. Wade. They will use anything as an excuse. They said having Justice [Neil] Gorsuch was enough to have an excuse. Having President [Donald] Trump put three members on the court — that was enough to have an excuse,'' she said.
''They're simply waiting to have the power. I think the goal, of course, is to say, 'You know what, our elected representatives realize packing the court would be a disastrous thing, whether they're Republicans or Democrats.' I think they really know this in their heart of hearts. And so if they recognize this would be politically disastrous as a move to do, I think that's the only thing that would hold back Democrats from packing the court.''
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