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GOP Senator Warns Dems Could 'Pack' Supreme Court With Judge Jackson To Save Roe V. Wade

GOP Senator Warns Dems Could 'Pack' Supreme Court With Judge Jackson To Save Roe V. Wade
Drew Angerer/Getty Images; Kent Nishimura / Los Angeles Times via Getty Images

Days after a draft of a Supreme Court of the United States (SCOTUS) majority opinion on Dobbs v. Jackson Women's Health Organization leaked, Tennessee Republican Senator Marsha Blackburn went to Tucker Carlson's right-wing media outlet The Daily Caller with dire warnings for pro-birth activists.

Blackburn warned Democrats could "pack" the Supreme Court—adding newly confirmed Justice Ketanji Brown Jackson before Justice Stephen Bryer retires—to stop the erosion of reproductive rights.

The SCOTUS currently has nine justices—eight Associate Justices and one Chief Justice. However the United States' Constitution only established the court, not the number of justices.

Over the history of the SCOTUS, the number of justices changed six times between five and ten before settling for the present total of nine in 1869. The court began with only six justices in 1790.

Blackburn claimed Democrats might start pushing Supreme Court Justice John Roberts to seat Jackson on the court. The GOP Senator said Democrats dislike Roe v. Wade being overturned so much they might try to add a seat to the Supreme Court.

Blackburn told The Daily Caller:

"In April [Biden] did sign those commission papers appointing her to the court."
"And I think it’s going to be interesting to see if the left starts pushing Justice Roberts to seat Judge Jackson because they are trying to push the balance of the court."

Despite saying might and could, Blackburn then asserted her theories were facts.

"They’re trying to pack the court."
"They’re trying to expand the court."

Blackburn then claimed Senate Majority Leader Chuck Schumer was undermining the legitimacy of the SCOTUS.

She said:

"There is a framework in place that should keep that from happening."
"But what we have to be aware of is that the Democrats are taking unprecedented actions."

The Republican legislator failed to specify what those actions were, before adding:

"And when you look at what has transpired, when you have Chuck Schumer out there attempting to intimidate or threaten or silence the court and undermine its legitimacy, that is something that is of concern."
“This week [Schumer] has been active in trying to undermine the legitimacy of the court and his comment about ‘everything being on the table.’ I just think it is smart for us to be mindful and watchful."

Blackburn referred to a comment Schumer made in a 2020 interview about plans for a Democrat controlled Congress, despite the fact as of 2022 none of her dire predictions have come to pass due to obstructionist Democrats like West Virginia Senator Joe Manchin and Arizona Senator Kyrsten Sinema.

But Blackburn claimed concerns about reproductive rights were unfounded.

"I do think it’s important to note this is not something that would ban abortion. I’ve been surprised that so many activists on the left have referenced what they saw in the Alito draft and have made it sound that this would be an end to abortion."
"But that is incorrect. What this would do is return the issue of restrictions on abortion to the states."

26 states already have or plan to have laws enacted to limit or eliminate reproductive freedom, however, which many see as a legitimate cause for concern.

Blackburn's latest fear mongering found little support from anyone but her fellow QAnon faithful.


Even if Jackson were seated early—which no one other than Blackburn is proposing—Jackson could not rule on any cases heard before her addition to the court.

Perhaps it is that basic knowledge of court procedure that keeps others from panicking over Blackburn's nonsensical dire warnings.