“The truth is, adjusting the number of justices on the bench is not as polarizing or radical as some cautious and defensive Dems would have you believe,” he said on Sunday night.
“Radical is not changing the size of the court,” he said.
“Radical is what this current court has been doing over the course of its most recent term. The far-right Roberts court has rolled back abortion rights, dealt a deadly blow to the separation of church and state, stripped the states’ ability to determine their own gun control policies, curbed the federal government’s ability to tackle climate change and, well, govern, and allowed multiple GOP-led states to go ahead with functionally racist voting maps.”
He noted Biden isn’t inclined to consider expanding the court, reportedly concerned it would be politically polarizing.
“You’re worried about being polarizing, Mr. President?” he asked. “Unelected justices ― five of whom were appointed by presidents who initially lost the popular vote ― are gutting our basic rights. That’s what’s polarizing.”
He warned one of the court’s next moves, in a case related to election law, could be even more devastating.
“To be clear, the conservative justices on the highest bench in the land, having overturned Roe v. Wade, are now only months away from helping to overturn American democracy as we know it,” he said.
See his full monologue below: