Vice President Kamala Harris has signaled her support for radical legislation that would allow a new Supreme Court justice to be appointed to the bench every two years, according to a Democratic senator.
âThey have not gone so far as to say, âWe endorse your bill.â They have said that your bills are precisely aligned with what we are talking about,â Sen. Sheldon Whitehouse (D-R.I.) told The Dispatch last week when asked if the Harris campaign has voiced its support for legislation he proposed last October that would dramatically overhaul the high court.
Under Whitehouseâs bill, Supreme Court appointments would be âregularized,â with the president appointing a new justice biennially.
Only the nine most recently appointed justices would sit for âappellate jurisdictionâ cases, which are typically the most high-profile cases with far-reaching effects, such as Dobbs v. Jackson Womenâs Health Organization and former President Donald Trumpâs immunity case.
The newly-appointed jurists would spend 18 years participating in appellate jurisdiction cases, after which they would be limited to hearing the courtâs small number of âoriginal jurisdictionâ cases, such as those involving disputes between states.
President Biden and Harris announced their support for a revamped Supreme Court system last month in which a justice would be appointed every two years and spend 18 years in active service.
The proposal, however, was light on details and did not mention whether the reforms would be sought through congressional legislation, a constitutional amendment or executive action.
Whitehouse, at an event on the sidelines of the Democratic National Convention last week, further revealed that Democratic lawmakers are âvirtually certainâ to ram through a package of controversial legislative reforms â including the court-packing bill â if they win a controlling majority of the government in November.
âTo get around the filibuster, weâre going to have to have a process that allows very substantial debate from the Senate minority,â Whitehouse said at an event hosted by the Brennan Center for Justice, according to The Dispatch. âWe are not going to want to give the Republicans multiple stalls, multiple filibusters on this.â
âSo the bill that gets around the filibuster will be virtually certain to include permanent reproductive rights, permanent restored voting rights, getting rid of corrupting billionaire dark money, and Supreme Court reform.â
Whitehouse predicted that a bill of that magnitude would have âspectacular tailwinds behind itâ in Congress.
Senate Majority Leader Chuck Schumer confirmed to reporters at the DNC that doing away with the upper chamberâs traditional three-fifths majority requirement to pass legislation is at the top of his agenda if Harris defeats former President Donald Trump and Democrats take control of both the House and the Senate.
Schumer noted that he did not have majority support for ending the filibuster after the 2022 midterm election cycle because of opposition from independent Sens. Kyrsten Sinema of Arizona and Joe Manchin of West Virginia â who are both leaving the Senate next year.
The Harris campaign and Whitehouseâs office did not respond to The Postâs requests for comment.
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