Dear MoveOn member,
Supreme Court Justice Stephen Breyer just announced that he is retiring, and we know what that means: Mitch McConnell and Senate Republicans are about to do whatever it takes to stop President Biden from filling the seat.1
We have an opportunity to use this moment to not only stop Mitch McConnell's plot to further take over the Supreme Court, but to push forward a more progressive and equitable vision for the court that will better serve our nation.
That begins by ensuring that President Biden follows through on his campaign promise to nominate a Black woman, a historic—but far too delayed—first for the court.2 We can only imagine the racist, sexist, vitriolic attacks the right-wing disinformation machine will launch—and we need to be ready to have the nominee's back.
But it doesn't stop there. Next, we need to use this momentum to push for court reform to expand and rebalance the Supreme Court and counter the court-packing power grabs of Donald Trump and Mitch McConnell.
MoveOn, our allies, and progressive champions in Congress are supporting the Judiciary Act, a bill that would expand the court from its current nine seats to 13 and implement policies to stop the radical partisan takeover that has defined the court over the last five years.
The last few years of Republican interference on the court have taught us that the current system is dangerously broken.
We cannot forget that McConnell invoked the "Thurmond Rule," a ridiculous and made up Senate procedure named after a famous racist, to hold open a Supreme Court seat for 293 days, claiming that then-President Obama could not fill the vacancy during an election year—before turning around just four years later and rushing a confirmation through just seven days before the 2020 election and after millions of voters had already cast their ballots.3,4
We cannot forget that McConnell changed Senate rules to confirm Neil Gorsuch—rules that just last week he claimed were sacred in his opposition to voting rights.
And we cannot forget the GOP's disgusting and shameful confirmation of Brett Kavanaugh in 2018, even after Dr. Christine Blasey Ford bravely shared testimony that Kavanaugh had sexually assaulted her.
All to serve Mitch McConnell's overarching goal to ensure that the Supreme Court is controlled by radical conservatives who will strip away abortion rights, break up unions, make it harder for marginalized communities to vote, and even install Donald Trump to another term in office against the will of the people.
McConnell will wield any power he can grab to stop President Biden from filling this vacancy until after the midterms in hopes that the GOP will regain control of the Senate. And if they do, make no mistake that McConnell will hold that seat open for two years until after the 2024 presidential election. If he succeeds, Donald Trump could install his fourth justice to the Supreme Court.
Thanks for all you do.
–Justin, David, Lisa, Erica, and the rest of the team
Sources:
1. "Justice Breyer’s retirement will give President Biden a chance to name a new justice." The New York Times, January 26, 2022
https://act.moveon.org/go/160225?t=5&akid=315704%2E40999114%2EMZTnE5
2. Ibid.
3. "What Happened With Merrick Garland In 2016 And Why It Matters Now," NPR, June 29, 2018
https://act.moveon.org/go/67384?t=7&akid=315704%2E40999114%2EMZTnE5
4. "Senate confirms Amy Coney Barrett, heralding new conservative era for Supreme Court," NBC News, October 27, 2020
https://act.moveon.org/go/160226?t=9&akid=315704%2E40999114%2EMZTnE5
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