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AG Fitch and 19 State AGs Reject Court-Packing Scheme

Attorney General Lynn Fitch has joined a coalition of 20 attorneys general in sending a letter to President Joe Biden and congressional leaders to voice strong opposition to the recent steps taken towards packing the U.S. Supreme Court, including the establishment of a Presidential Commission and coordinated introduction of legislation to create a 13-judge Court. “Packing the Court is about putting political gain above the law. It’s a bad idea,” said Attorney General Lynn Fitch.

“President Biden and liberals in Congress should shelve it and get back to doing meaningful work for the people.” The letter describes serious concerns about Washington’s intent to pack the U.S. Supreme Court with four additional Justices. Congressional leaders filed a bill to pack the Court just days after President Biden announced his Executive Order to create a Commission to explore court packing. This is clearly a coordinated effort to grab political power with additional Biden appointments to the bench, jeopardizing the integrity of the highest bench in our Nation. The Framers of the Constitution created an independent judiciary to prevent the new federal government from repeating judicial abuses experienced under King George III.

President Franklin Delano Roosevelt’s attempt more than 80 years ago to similarly pack the Court failed because it threatened our Constitutional system. Further, both Justices Ruth B. Ginsburg and Stephen G. Breyer have in recent years condemned such schemes to pack the Court.

The letter states, “Indeed, given the filing of the bill six days after the President announced his Executive Order regarding the Supreme Court, it is clear that the Commission on the Supreme Court is nothing but a coordinated attempt to justify a naked political power grab by the leaders of Congress and the President. We believe that such actions will seriously undermine our constitutional system, the public’s confidence in our courts, and the rule of law. We oppose passage of such a measure.” Attorney General Lynn Fitch joins Florida Attorney General Ashley Moody and the attorneys general of Alabama, Arkansas, Georgia, Idaho, Indiana, Kansas, Kentucky, Louisiana, Missouri, Montana, Nebraska, North Dakota, Ohio, Oklahoma, South Carolina, Texas, Utah, and West Virginia. To read the full letter, click here.