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Could not one argue that senators informing the Court that it had become out of synchronization with the country would mean that they, the senators, felt they had an obligation to restructure the Court? They made no suggestion that the restructure would be brought about by anything other than Constitutional means. Congress has the authority to pass legislation to amend the Constitution and submit it to the states for ratification. Why would a statement that they might do such a thing, exercise their Constitutional authority, constitute a threat?

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One could argue that senators informing Supreme Court justices that they had become out of synch with the county means that the senators felt that they had an obligation to restructure the court. If the Supreme Court doesn’t reflect the general will of the people, one could say that it makes sense for senators to use their powers to create a court that does mirror the general opinions and views of the citizens living in the United States, as the United States is a democracy and a democracy should represent the majority, not the minority.

Recently, the status of the Supreme Court has been a source of contention in American politics. The possibility that President Joseph Biden would alter the Supreme Court became an issue during the 2020 presidential election. After he was elected president, Biden launched a commission to study potential court reforms. Meanwhile, Massachusetts Senator Ed Markey introduced legislation to expand the Supreme Court from nine justices to thirteen justices.

While constitutional and legal, the actions by Democrats might be interpreted as a threat because restructuring the court could harm Republican priorities. Republicans—especially former Republican Senate Majority Leader Mitch McConnell—placed a premium on creating a court that would favor common Republican causes, like overturning Roe v. Wade and negating various gun restrictions. If Democrats went ahead and remodeled the court, the goals of Republicans might be seen as under threat.

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