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Progressives Push for Expanded SCOTUS  09/25 06:32

   Since Joe Biden ran away with the Democratic presidential nomination in 
March, leading progressives have accepted him --- sometimes grudgingly --- as 
their party's leader. But, in the final weeks of the campaign, the Supreme 
Court vacancy is threatening to inflame old divides.

   WASHINGTON (AP) -- Since Joe Biden ran away with the Democratic presidential 
nomination in March, leading progressives have accepted him --- sometimes 
grudgingly --- as their party's leader. But, in the final weeks of the 
campaign, the Supreme Court vacancy is threatening to inflame old divides.

   Some activists on the left are pressing Biden to endorse expanding the 
number of high court justices should he win the White House and Democrats take 
control of the Senate. But Biden, who ran a relatively centrist primary 
campaign, hasn't embraced those calls, worried they may intensify the nation's 
partisan split.

   There's little indication that large swaths of progressives will abandon 
Biden or back third-party candidates, moves that wounded Democrat Hillary 
Clinton's 2016 bid. But activists insist they will keep pressure on Biden to 
pursue dramatic reforms to the Supreme Court if Republicans move forward with a 
plan to quickly approve President Donald Trump's pick to replace the late 
Justice Ruth Bader Ginsburg.

   "The majority of Berniecrats will most likely vote for Vice President Joe 
Biden," said Nina Turner, a former Ohio state senator and top adviser to 
progressive Sen. Bernie Sanders' 2016 and 2020 presidential campaigns. "That 
doesn't mean that they are not going to raise hell all the way."

   "Biden should make it clear that he will fight back by expanding the court 
if he wins," said Turner, who is founding a firm to advance progressive causes, 
Amare Public Affairs.

   The Constitution doesn't mandate the number of Supreme Court justices, which 
has changed over time. In 1937, President Franklin D. Roosevelt promoted 
legislation to "pack the court" by expanding its number of justices, an effort 
that stalled once the justices began to rule in his favor on policies tied to 
the New Deal.

   Since then, the makeup of the court hasn't been a prominent issue in 
national politics. That began to change after Justice Brett Kavanaugh's 
contentious 2018 nomination fight. Calls to add justices grew much louder this 
week in response to the GOP's rush to fill Ginsburg's seat before the election, 
which would leave the court with six conservatives and three liberals.

   "The politics of this are moving very, very fast," said Aaron Belkin, 
director of Take Back the Court, which advocates for increasing the number of 
justices. "And under a Biden administration, when the court has the 
administration handcuffed on Day One, I think the politics are going to be 
changing even more quickly."

   That puts Biden in a tough spot. As someone who spent 36 years in the 
Senate, he built a career revering Washington's institutions. During the 2020 
primary, he pointedly declined to join rivals such as Massachusetts Sen. 
Elizabeth Warren or California Sen. Kamala Harris, who is now his running mate, 
in being open to court expansion.

   During his first extended comments Sunday about Ginsburg's death, Biden 
appealed to the few remaining moderate Senate Republicans to buck their party's 
leadership, rather than to progressives looking for him to support a larger 

   Since then, Biden has largely sought to avoid the issue as he's campaigned 
in battleground states, preferring instead to focus on Trump's handling of the 
coronavirus pandemic and high unemployment. He ducked a question about changes 
to the court during an interview with a Wisconsin television station, saying a 
response would "shift all the focus."

   Biden has also said Democrats should concentrate on making it clear for 
voters why the GOP push to quickly fill Ginsburg's seat is a "gigantic mistake 
and abuse of power."

   Some progressives said Ginsburg's death laid bare why they're backing Biden.

   "Voting for Joe Biden is not about whether you agree with him. It's a vote 
to let our democracy live another day," Alexandria Ocasio-Cortez said on 
Instagram last week.

   The New York congresswoman spent months expressing skepticism toward Biden 
but also was co-leader of a task force on climate change that top Biden 
supporters and advisers formed with their counterparts from Sanders' 
unsuccessful presidential campaign to try to better reach consensus on top 
issues. Those groups made policy recommendations that helped shape the 
Democratic Party platform, which was adopted at its national convention last 
month and was meant to avoid the ideological clashes that Clinton endured four 
years ago.

   Sanders, who opposes Supreme Court expansion, and Warren, who has suggested 
she'd be willing to support it, have similarly used Ginsburg's death as a 
rallying cry for Biden.

   "Democracy as we know it is in danger," Warren said at a virtual event with 
Virginia leaders, calling Republican court efforts "the last gasp of a 
desperate party that is overrepresented in the hall of power."

   During a speech Thursday, Sanders warned that Trump is openly suggesting 
that he'll brand as illegitimate any election he loses. He cited "the danger 
that this country faces from a president who is a pathological liar, who has 
strong authoritarian tendencies, who neither understands nor respects our 
Constitution and who is prepared to undermine American democracy in order to 
stay in power."

   The voting results may be disputed and trigger a legal fight, Sanders said, 
noting that Trump "is attempting to push through a Supreme Court justice who 
may very well cast a vote in a case that will determine the outcome of this 

   Rather than mentioning expanding the Supreme Court, Sanders said the way to 
counter that is to have the largest voter turnout in U.S. history.

   "This is not just an election between Donald Trump and Joe Biden," Sanders 
said. "This is an election between Donald Trump and democracy --- and democracy 
must win."

   Just getting Biden elected might not be enough for everyone, though. Adam 
Green, co-founder of the Progressive Change Campaign Committee, called the 
coming Senate nomination fight Biden's chance to offer a "first big show of 
force as leader of the Democratic Party."

   "He can quickly unify Democrats in saying no confirmation until after 
inauguration," Green said. "And promising to expand the court if Republicans do 
an end run around democracy."

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