“A measure expanding lower federal courts by 250 judges can be enacted through the budget reconciliation process, which is not subject to the filibuster, and which needs only a simple 51-vote majority to pass the Senate,” Mr. Moyn and Mr. Belkin said in a joint statement.
The pressure comes as progressives have also pushed for expanding the high court to counter the 6-3 conservative majority. But liberal Supreme Court Justice Stephen G. Breyer poured cold water on that call Tuesday, saying it would make the court appear political.
The activists said lower courts face a backlog of cases, pointing to Arkansas Eastern District Judge Brian S. Miller, a Republican appointee, who said the “increasing caseloads lead to significant delays in the consideration of cases, especially civil cases which may take years to get to trial.”
Pelosi faces challenge in crafting Biden infrastructure bill
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Liberals activists push for expanding lower federal court bench, adding Democratic appointees
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Senate Minority Leader Mitch McConnell, Kentucky Republican, has vowed that the GOP will fight Mr. Biden‘s big-spending proposal “every step of the way.” That will be much more difficult with Republicans unable to use the 60-vote filibuster threshold to block legislation.
The parliamentarian’s ruling also means that a second budget resolution could be passed this year to approve the second, still-unannounced portion of Biden’s infrastructure agenda. The ruling further means that the fiscal 2021 budget could be revised a third time to set up a third “reconciliation” spending package, also subject to a simple majority vote.
The White House and Senate Democrats used the budget reconciliation process earlier this year to pass Mr. Biden‘s $1.9 trillion COVID-19 relief bill without a single Republican vote, since the GOP was unable to use the filibuster. It passed the Senate 50-49.