For Immediate Release

REPUBLICANS HOST PRESS CONFERENCE HIGHLIGHTING THEIR OWN HYPOCRISY ON THE COURTS

Graham, Cruz, Blackburn Already Packed the Courts

WASHINGTON, DC (April 22, 2021) — This morning, noted court packers Lindsey Graham, Ted Cruz, and Marsha Blackburn stood in front of the Supreme Court to attempt to erase their own records on the Courts. Take Back the Court Director Aaron Belkin issued the following statement in response:

“Lindsey Graham, Ted Cruz, and Marsha Blackburn walk up to a podium with a ‘no to court packing’ sign. That’s not an opening of a joke, it’s a real thing that happened this morning. The same Republicans who stole Merrick Garland’s seat, who said they would shrink the size of the Court for the duration of Hillary Clinton’s presidency, and who voted to rush Amy Coney Barrett onto the bench days before the election, are suddenly opposed to making any changes to the Court. Give me a break. Their hypocrisy and cynicism couldn’t be more obvious.”

Below is key background on the Republican Hypocrisy on the Courts:

Republican Senators said they would shrink the size of the Court for the duration of Hillary Clinton’s presidency if she were elected in 2016.

NPR: If Clinton Wins, Republicans Suggest Shrinking Size of Supreme Court

...Now some Republicans are suggesting the wait for Scalia's replacement could last much longer, perhaps an entire presidential term, or two. Three Republican senators have said directly that they would consider leaving Scalia's seat empty as long as Clinton is in office.

...[Senator Richard] Burr, in a tough re-election battle in North Carolina, said in a tape-recorded meeting with Republican volunteers last weekend, "If Hillary becomes president, I am going to do everything I can do to make sure four years from now, we still got an opening on the Supreme Court."

As for [Senator Ted] Cruz, he suggested there is nothing sacrosanct about having nine justices. For support, he pointed to a statement made by Justice Stephen Breyer during an interview in which Breyer noted that the court has historically functioned with as few as five or six justices.

Senate Republicans who voted to confirm Amy Coney Barrett barely a week before election day said in 2016 that they would not consider Supreme Court nominations in an election year.

“Given that we are in the midst of the presidential election process, we believe that the American people should seize the opportunity to weigh in on whom they trust to nominate the next person for a lifetime appointment to the Supreme Court,” — Sen. Mitch McConnell (R-KY) in a Washington Post Op-Ed, 2/18/16]

“Before filling a vacancy on the Supreme Court, we need to hear the voices of the American people.” Sen. Joni Ernst (R-IA) on Twitter, 3/16/16

“I want you to use my words against me. If there's a Republican president in 2016 and a vacancy occurs in the last year of the first term, you can say Lindsey Graham said, 'Let's let the next president, whoever it might be, make that nomination,’ And you could use my words against me and you'd be absolutely right.” 3/10/16

"If an opening comes in the last year of President Trump's term, and the primary process has started, we'll wait to the next election" — Sen. Lindsey Graham (R-SC) at the Atlantic Ideas Festival, 10/3/2018

“The American people deserve to have their voices heard on the nomination of the next Supreme Court justice, who could fundamentally alter the direction of the Supreme Court for a generation. Since the next presidential election is already underway, the next president should make this lifetime appointment to the Supreme Court.” Sen. John Thune (R-SD) in an official statement, 3/16/16

Senate Republicans shattered norms to ram through each of their last three Supreme Court nominees

Senate Republicans took unprecedented steps to manipulate the size of the Court by refusing to consider Merrick Garland’s nomination.
Mitch McConnell nuked the filibuster to confirm Neil Gorsuch
Senate Republicans and the Trump White House collaborated to break a variety of norms in ramming through Brett Kavanaugh’s nomination, including:
- Short-circuiting the FBI background check
- Moving forward with hearings before the National Archive could produce all of Kavanaugh’s relevant documents
- Concealing more than 100,000 pages of Kavanaugh’s documents by asserting executive privilege
Republicans broke their own made-up “McConnell Rule” to confirm Amy Coney Barrett just days before an election, rushing her confirmation through in record time.

Take Back the Court raises awareness about the urgent need to expand the number of seats on the Supreme Court to address the theft of the court by Senator Mitch McConnell during the Obama Administration. Without adding seats, Congress will not be able to restore the right to vote, ensure reproductive freedom, protect workers, halt our climate emergency, or pass new legislation. Court expansion, which can be accomplished without a constitutional amendment, is the only reform that enables the un-rigging of the system and the restoration of democracy. Learn more at https://www.takebackthecourt.today.