Packing Supreme Court an ‘Empty Threat,’ Unlikely to Happen: Former FEC Member

The U.S. flag flies at half-staff outside of the U.S. Supreme Court in memory of Justice Ruth Bader Ginsburg, in Washington on Sept. 19, 2020. Jose Luis Magana/AFP via Getty Images

The Democrats’ call to add more justices to the Supreme Court is but an “empty threat,” said Hans von Spakovsky, a Republican lawyer and former member of the Federal Election Commission.

With President Donald Trump and the Republican-dominated Senate poised to nominate and confirm a conservative Supreme Court Justice to fill the vacancy left by liberal icon Ruth Bader Ginsburg, some Democrats have revived the radical idea of expanding the size of the high court. Von Spakovsky said the Democrat court packing is unlikely to happen.