Article III of our Constitution does not specify the number of justices to serve on the Supreme Court. That is determined entirely by statute, by simple majorities in both houses of Congress absent presidential veto. In 1937, Franklin Roosevelt gave serious thought to using that authority to “pack” the Court with justices who would not roll back his New Deal. Political considerations — along with the timely retirement of Justice Van Devanter — stopped him from doing that. If the Republicans succeed in appointing a serial rapist to the Court, 2021 could find us in very different territory.
All it would take is a Democratic House (which I think we’ll have next year), and a Democratic president and Senate (which I hope we’ll have in 2021), and a Montgomery County ADA with the ambition and moxie to secure an indictment of Brett Kavanaugh for sexual assault — not a conviction, an INDICTMENT. Would Kavanaugh do the “right thing” and resign to spare the Court the indignity of having a sitting justice tried for sexual assault? Of course not; he’s a sanctimonious prick! Would his fellow justices do the “right thing” and press him to resign for the sake of the Court’s reputation? Some might, but I’m pretty sure Alito, Gorsuch, and Thomas will do the direct opposite and publicly express their support for the rapist creep. When that happens, the Court’s reputation will plummet. Add to this the potential reversal of Roe v. Wade and by 2021 the Supreme Court will be the most DETESTED and REVILED organ of the federal government.
In 2021, when our Democratic Congress, supported by our Democratic president, expands the bench to 13 justices, the political repercussions could be minimal, if not positive. Personally, I would have been outraged if Clinton or Obama attempted anything like this. But not now. With Kavanaugh, the Republicans will have crossed the line. As Kavanaugh himself put it in his opening statement, they’ll reap what they have sown.