Rep. Jerry Nadler has just made it clear in no uncertain terms he would like Democrats to pack the court if President Trump were to fill the vacancy left by Ruth Bader Ginsburg after losing to Biden in a “lame duck” period before Biden takes office.
Nadler responded to Jake Sherman of Politico who wrote:
“IS IT POSSIBLE that he pushes the vote until after the election, both as a practical matter to help his vulnerable colleagues, and a motivating factor for his base? Yep. Absolutely.
IS IT POSSIBLE JOE BIDEN wins the presidency, Republicans lose the Senate and MCCONNELL jams through the nominee in the lame duck? Yes, you bet. Can Democrats do anything besides bellyache? No. They can’t.”
Nadler responded in a 2-part tweet and wrote:
“If Sen. McConnell and @SenateGOP were to force through a nominee during the lame duck session—before a new Senate and President can take office—then the incoming Senate should immediately move to expand the Supreme Court. 1/2
Filling the SCOTUS vacancy during a lame duck session, after the American people have voted for new leadership, is undemocratic and a clear violation of the public trust in elected officials. Congress would have to act and expanding the court would be the right place to start.”