Joe Biden has promised to disclose before the election whether or not he would sign a bill to pack the Supreme Court with left-wing activists if he is elected, but there's no need to wait for an answer, contends Sen. Marco Rubio, R-Fla.
"Here is the dirty little secret that Democrats do not want the American people to know: it has always been their plan to pack the Supreme Court with liberal judges," he wrote in a commentary for FoxNews.com.
Rubio noted that while Biden insists he's "not a fan" of court-packing, he told ABC's George Stephanopoulos at a townhall last week that "it depends" on how Judge Amy Coney Barrett’s nomination "turns out."
Rubio said "we know exactly what he’ll do because his radical base demands it."
Senate Democrats contend Barrett's nomination is illegitimate because it was made so close to an election, citing the Republicans' refusal to move on Barack Obama's nomination of Merrick Garland in 2016. They call the confirmation process a "sham" and "power grab" because it is being done in the middle of a pandemic, with the Senate on recess and voting already underway. Senate Republicans argue the president has constitutional authority during the entirety of his term to send a nomination to the Senate, and the Senate is simply exercising its advise-and-consent role.
But Rubio insists the court-packing threat "isn't about Amy Coney Barrett or Justice Neil Gorsuch or Justice Brett Kavanaugh."
"The truth is that this has been in the works since Donald Trump was elected president of the United States four years ago," he wrote.
"This is about more than our institutions – it is about what happens to our country, our communities, and our way of life if the radical left and the Democratic Party destroy them."
Rubio said it's "clear they don’t want to pack the Supreme Court just to cancel out the votes of Justices Clarence Thomas, Samuel Alito, Neil Gorsuch, Brett Kavanaugh, and soon Amy Coney Barrett."
"They want to pack the Court to cancel out your ability to resist their radical agenda," he said.
"The truth is that this is a major part of the Democratic Party’s desire to manipulate and coerce our public institutions into being an arm of their radical progressive agenda. And that radical agenda is part and parcel to Joe Biden, who said earlier this year that he would be the 'most progressive president in history.'"
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