‘Packing’ the court, or stacking?

A constitutional amendment by Sen. Ted Cruz of Texas to codify the number of Supreme Court Justices and co-authored by several, including Iowa’s Sen. Chuck Grassley, is a “solution” looking for a problem.

The problem seen by Cruz, Grassley and others is the “packing” of the Supreme Court of the United States by radicals in the Democratic Party.

What’s the definition of “packing the Supreme Court?” According to Sen. Cruz, "The Democrats’ answer to a Supreme Court that is dedicated to upholding the rule of law and the Constitution is to pack it with liberals who will rule the way they want. The Supreme Court should be independent, not inflated by every new administration.”

In 2016, then-President Obama made a nomination to fill a vacancy created by the death of Justice Scalia, which was well within his office and presidential responsibilities. The nomination was halted by Sen. Grassley as the Chair of the Senate Judiciary Committee. His comments following a meeting at the White House were, "Whether everybody in the meeting today wanted to admit it, we all know that considering a nomination in the middle of a heated presidential campaign is bad for the nominee, bad for the court, bad for the process and ultimately bad for the nation…".

During the following administration, President Trump was then able to seat three Supreme Court Justices: Gorsuch, Kavanaugh and Barrett. All conservative in their interpretation of the Constitution. Isn’t this also, “packing” the court? Or just “stacking” the court in your favor?

Terrence Funke

Cedar Rapids