Politics

EXCLUSIVE: Sen. Blackburn Warns Dems Could Try To Pack Court With Ketanji Brown Jackson Before Breyer Retires To Try To Save Roe v. Wade

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Henry Rodgers Senior Congressional Correspondent
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Republican Tennessee Sen. Marsha Blackburn warned Wednesday that Democrats could try to pack the Supreme Court by adding Ketanji Brown Jackson before Justice Stephen Bryer retires in an effort to stop Roe v. Wade from being overturned.

In an exclusive interview with the Daily Caller, Blackburn slammed Senate Majority Leader Chuck Schumer and said Democrats might start pushing Supreme Court Justice John Roberts to seat Jackson — President Joe Biden signed Jackson’s commission papers in April — on the court. Blackburn said Democrats dislike the idea of Roe v. Wade being overturned so much they might try to add a seat to the Supreme Court.

“In April he (Biden) did sign those commission papers appointing her to the court. And I think it’s going to be interesting to see if the left starts pushing Justice Roberts to seat Judge Jackson because they are trying to push the balance of the court. They’re trying to pack the court. They’re trying to expand the court,” Blackburn told the Daily Caller.

Politico released a draft opinion Monday saying the Supreme Court is set to overturn Roe v. Wade, sparking outrage amongst many on the left about the possible opinion. Meanwhile, Republicans have been extremely critical of the person who leaked the draft opinion to Politico, saying whoever is responsible needs to be held accountable.

Blackburn also said Schumer has been undermining the legitimacy of the Supreme Court.

“There is a framework in place that should keep that from happening. But what we have to be aware of is that the Democrats are taking unprecedented actions. And when you look at what has transpired, when you have Chuck Schumer out there attempting to intimidate or threaten or silence the court and undermine its legitimacy, that is something that is of concern,” she added.

“This week he (Schumer) has been active in trying to undermine the legitimacy of the court and his comment about ‘everything being on the table.’ I just think it is smart for us to be mindful and watchful,” Blackburn said.

Supreme Court nominee Ketanji Brown Jackson (R) meets with U.S. Senate Majority Leader Charles Schumer (L) (D-NY) on March 02, 2022 in Washington, DC. (Photo by Justin Sullivan/Getty Images)

Schumer said “everything is on the table,” when asked what Democrats could do if they win back the Senate during an interview with MSNBC in October of 2020. (RELATED: Sen. Chuck Grassley Explains How He Thinks Democrats Will Pack The Courts If Biden Is Elected)

Blackburn also told the Daily Caller she is not sure if Roe v. Wade would be overturned, adding that if it were overturned it would not ban abortion.

“I don’t know and that will be a discussion for whenever the court decides to give their opinion. And at that point, we will see what is going to happen. I do think it’s important to note this is not something that would ban abortion. I’ve been surprised that so many activists on the left have referenced what they saw in the Alito draft and have made it sound that this would be an end to abortion. But that is incorrect. What this would do is return the issue of restrictions on abortion to the states,” she said.

Then 2020 presidential candidate Joe Biden and Democratic vice presidential candidate Kamala Harris have also continued to dodge the question of if they would pack the courts if elected on November 3. On the campaign trail, Biden even told a reporter during an interview that voters do not deserve to know his stance on packing the courts.

“You’ve been asked by the viewers who are probably Republicans who don’t want me continuing to talk about what they’re doing to the court right now,” Biden said to the reporter. (RELATED: Senate Democrats Refuse To Say If They Want To Add More Seats To The Supreme Court)

The Daily Caller contacted every Senate Democrat’s office in 2020 asking them if they would be in favor of packing the court or adding more seats to the Supreme Court. Every Democrat in the Senate refused to respond.