Why Biden is stiff-arming the left on Court-packing and the filibuster

Rep. Alexandria Ocasio-Cortez (D-N.Y.), who was not previously a prominent face of the Supreme Court reform movement, jumped on board on Saturday, the day after Ginsburg died. “We should leave all options on the table, including the number of justices that are on the Supreme Court,” she said.

Sen. Ed Markey (D-Mass.) tweeted that if Mitch McConnell violates his own precedent of not filling vacancies in a presidential election year, “when Democrats control the Senate in the next Congress, we must abolish the filibuster and expand the Supreme Court.” Other progressives went there, too, including Julián Castro, Rep. Jerry Nadler (D-N.Y.), and Rep. Joe Kennedy (D-Mass.), who was outflanked on the left by Markey in his losing primary campaign in Massachusetts early this month.

“If he holds a vote in 2020, we pack the court in 2021,” said Kennedy, who will be out of Congress then. “It’s that simple.”

Mondaire Jones, a favorite of progressives who will almost certainly represent the 17th District of New York next year, wrote an essay this week making the case for more justices. “As America’s white supremacist President tries to install a 6-3 partisan, conservative majority on the Supreme Court, we cannot be immobile,” Jones wrote.