Dear John,

Republicans and the media are obsessed with one question: Will Joe Biden “pack the courts”?

But the truth is that Republicans themselves have been packing the courts for decades. In fact, they are packing the courts right now by ramming through the confirmation of Amy Coney Barrett.

So the question now isn't whether Joe Biden will pack the Supreme Court. It's if—and how—he will un-pack the court.

That's the critical context we need to get out in order to save the Supreme Court. Republicans are shouting from the rooftops that the Democrats are playing dirty.

We need to get our message out far and wide with explainer videos and shareable graphics across every social media platform, from Facebook and Instagram to YouTube, Twitter, and TikTok.

A generous donor passionate about our work has agreed to match every dollar you donate right now. Will you chip in to help us get the truth out to save our democracy? 

Here's how Republicans have packed the Supreme Court and other federal courts:

McConnell and his Senate Republicans blocked 110 Obama nominees, but have confirmed 218 Trump judges.

McConnell wouldn't even allow a hearing for President Obama's nominee to the Supreme Court, on the dubious principle that the “next president” should do the nominating. Obama nominated Merrick Garland 293 days before Obama's term of office ended. 

But McConnell is now ramming through Amy Coney Barrett, just weeks before an election, and after more than 14 million Americans have already cast their ballots. If Barrett is confirmed, the GOP-packed court is ready to strip health care from 20 million Americans in the middle of a pandemic, overturn Roe v. Wade, eliminate marriage equality, and worse.

Over the last 50 years, Republican presidents have seated 15 of 19 Supreme Court justices — and four of them were nominated by presidents who lost the popular vote. 

There is nothing abusive about stopping this abuse of power, and there's nothing unfair about making our democracy fairer. 

It's essential that, if Trump loses in November and Democrats take back the Senate, Congress restore the balance and legitimacy of the Supreme Court.

There are many ways they could do just this: Use a bipartisan system to add seats. Draw additional justices from the courts of appeals, on a rotating basis. Establish a code of ethics for justices just like every other judge has. 

Or, yes, they could expand the number of justices on the court, because the worst-kept secret in Washington right now is that nothing in the Constitution says the Supreme Court has to have nine justices.

But none of these solutions to offset Republican court-packing has a chance if voters believe the Republican lie that Democrats would be acting unfairly by rebalancing the GOP-packed courts.

Will you donate to help fund our work in these crucial final weeks before Election Day? Anything you can give will be matched, dollar for dollar. 

Thanks for all you do,

Robert Reich                                      
Inequality Media Civic Action         

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