Senator Ed Markey (D-MA) who recently defeated challenger Joe Kennedy in his primary race, sparked major discussions on Twitter after the death of Justice Ginsberg with a tweet that has been liked over 140k times.
Markey wrote “Mitch McConnell set the precedent. No Supreme Court vacancies filled in an election year.’
He added “If he violates it, when Democrats control the Senate in the next Congress, we must abolish the filibuster and expand the Supreme Court.”
According to Fox News “The Constitution does not establish a set number of justices; that is up to Congress. There were initially six members of the high court — then seven, then nine, then down to eight, then up to ten for a while, then back down to eight, and then at last ticking up to nine more than a century ago, in 1869.”
Franklin D. Roosevelt attempted to add more justices in 1837, declaring “I will appoint justices who will not undertake to override the judgment of the Congress on legislative policy.” The plan for “court packing” was met with public content and abandoned.
Meanwhile, Senate Majority leader Mitch McConnell has made it clear that President Trump’s nominee will receive a vote.
In a statement, McConnell wrote “In the last midterm election between Justice Scalia’s death in 2016, Americans elected a Republican Senate majority because we pledged to check and balance the last days of a lame-duck president’s second term. We kept our promise. Since the 1880s, no Senate has confirmed an opposite-party president’s Supreme Court nominee in a presidential election year.”
McConnell continued “Americans reelected our majority in 2016 and expanded it in 2018 because we pledged to work with President Trump and support his agenda, particularly his outstanding appointments to the federal judiciary. Once again, we will keep our promise,” McConnell said.
“President Trump’s nominee will receive a vote on the floor of the United States Senate.” McConnell concludes.
The Senate and the nation mourn the passing of Justice Ruth Bader Ginsburg and the conclusion of her extraordinary American life.
My full statement: pic.twitter.com/NOwYLhDxIk
— Leader McConnell (@senatemajldr) September 19, 2020