Ginsburg Warned Court Packing Was a “Bad Idea” — Here’s Why

Now more than ever we need the Democrats to be the adults in the room.

J.C. Peters
6 min readOct 27, 2020
The Courtroom of the Supreme Court showing Associate Justice Ruth Bader Ginsburg’s Bench Chair in black following her death.
The Courtroom of the Supreme Court showing Associate Justice Ruth Bader Ginsburg’s Bench Chair and the Bench in front of her seat draped in black following her death on September 18th, 2020. Credit: Photograph by Fred Schilling, Collection of the Supreme Court of the United States.

You know there is something profoundly wrong with the Supreme Court appointment process when the dying wish of an 87-year-old Supreme Court Justice is “not to be replaced until a new president is installed.

One thing is clear: the last thing an already dangerously polarized country needs is an equally polarized Supreme Court. If anything, we need the exact opposite.

Obviously the Republicans haven’t gotten the message, though, with their refusal to give Obama’s Supreme Court nominee Merrick Garland a hearing in 2016, and their nominations of the highly conservative Neil Gorsuch, Brett Kavanaugh, and now Amy Coney Barrett.

But neither have the Democrats. Viewing a conservative Court as a threat to the realization of their agenda, they are openly discussing adding seats to the Court—aka court-packing—should they capture the White House and the Senate, an ill-advised move that would turn the last independent branch of government into a political tool.

It’s very disappointing, really. Because now more than ever we need the Democrats to be the adults in the room. And igniting a Supreme Court arms race, destroying the Court’s…

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J.C. Peters

Author of History That Changed the World (Odyssea Publishing, 2017). Published in the Philadelphia Inquirer, on CNBC, The Hill, Quartz, and other media.