The midterm elections are two months away, and overconfident Democrats are already plotting to crack down on the Supreme Court if and when they win control of Congress.
Frustrated by the high court’s conservative 6-3 majority, Democrats are planning to police Supreme Court justices they say are influenced by right-wing, dark money groups.
Sen. Sheldon Whitehouse of Rhode Island, the top Democrat on the Judiciary Committee, said he is prepping aggressive investigations and subpoenas with his Democratic counterpart in the House, Rep. Jamie Raskin of Maryland.
“He and I are already working together. We are already meeting monthly to plan,” Mr. Whitehouse told an audience in Iowa. “We’re going to put a lot of attention right away into the Supreme Court.”
Mr. Whitehouse said the House and Senate “need to do a lot of investigating” of the high court because “not enough people know the story about how the court got captured by a bunch of creepy right-wing billionaires.”
With three Trump appointees on the bench, the Supreme Court has delivered rulings such as overturning Roe v. Wade and nullifying portions of the Voting Rights Act, much to the dismay of liberals.
Democrats also want to pass legislation, authored by Mr. Raskin, that would force justices to explain emergency rulings from the so-called shadow docket and would implement a rotating panel of federal appeals court justices to select cases that go before the Supreme Court.
No doubt eager to boost Democratic turnout in November, many Democrats are calling on Congress to pack the Supreme Court by adding new justices.
Rep. Jim Clyburn, a senior adviser to House Democratic leaders, said Democrats will try to add justices if they take control of Congress.
“I think that we are in a position now that calls for some significant actions taken by the Congress, and we ought to expand. And 13 is a pretty good number,” the South Carolina Democrat said.
In a foreshadowing of their plans, House Democrats this week overwhelmingly voted against a constitutional amendment to set the number of Supreme Court justices at nine.
Republicans said the measure was needed to prevent a potential future Democratic majority from packing the Supreme Court with liberal justices. The measure failed 212-206, short of the two-thirds majority needed to approve a constitutional amendment.
Only one Democrat, Rep. Don Davis of North Carolina, voted for it.
While Democrats’ machinations were emerging, the Supreme Court gave President Trump another win, allowing him to keep building his ballroom at the White House, erasing a lower court blockade that had limited his construction.
The justices, in a 5-4 decision, said the National Trust for Historic Preservation, which brought the lawsuit, likely lacks legal standing to sue. The majority also said the statements by military and intelligence leaders that the ballroom is critical to security worked in favor of letting Mr. Trump continue.
“Today, we do not pass upon the legality of the government’s East Wing project. We conclude only that, based on the submissions before us, the government is likely to prevail in showing that the Trust lacks Article III standing to challenge the project in federal court and that the remaining stay factors favor relief,” the court said in an unsigned opinion.
Dissenting were Chief Justice John G. Roberts Jr. and the three Democratic appointees.
The ruling allows construction while the case develops in lower courts.
Mr. Trump appears determined to outrace the judges, with a 250-person crew working 20 hours a day in two shifts, seven days a week, according to court filings in the case.