With the passing of Ruth Ginsburg, most Americans have turned their eyes to the Supreme Court. Just four years ago, President Trump found himself in a similar situation when he nominated Brett Kavanaugh. Now, just like in 2016, an argument has broken out over if President Trump should nominate a new justice or wait until the next president takes office. That is to say, President Trump will lose and his rhetoric doesn’t usually include losing.

As for what the American people think, a new poll revealed a staggering 67% of people support having a supreme court hearing in the same year as an election. Among the party lines, 68% of Republicans also agreed while only 63% of Democrats approved with moving forward.

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The Supreme Court has long been held in high esteem for being the protector of equal justice and an interpreter of the Constitution. Having obtained a seat on the Supreme Court comes with an immense amount of power. The Supreme Court is the last line in our judicial system. Their decision cannot be overturned. The justices even have the power to overturn a law if they deem the move by Congress to be unconstitutional. So, to say the least, picking a justice is a rather heavy decision.

But what about this “court-packing” everyone is talking about? Well first, court-packing comes from the Judicial Procedures Reform Bill of 1937 that President Roosevelt failed to get passed. The bill would give the president power to appoint up to six justices to the supreme court. The reason the bill never passed was because Roosevelt wanted to force his New Deal through and the Supreme Court ruled court-packing and the New Deal unconstitutional.

Although unconstitutional, that didn’t stop Democrats from jumping online and tweeting in favor of court-packing. The Democrat Representative from Massachusetts, Joe Kennedy III tweeted, “If he holds a vote in 2020, we pack the court in 2021. It’s that simple.”

If he holds a vote in 2020, we pack the court in 2021.

It’s that simple.

— Rep. Joe Kennedy III (@RepJoeKennedy) September 19, 2020

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He wasn’t the only one to draw a line in the sand as Senator Ed Markey also tweeted in favor of blocking a vote. His tweet, “Mitch McConnell set the precedent. No Supreme Court vacancies filled in an election year. If he violates it, when Democrats control the Senate in the next Congress, we must abolish the filibuster and expand the Supreme Court.”

If you are wondering why the Democrats are so heated about who gets to pick the new justice, it’s because the Senate is controlled by the Republicans. This means there will be little blowback with whoever President Trump nominates. What this clearly shows is that 67% of people don’t mind a new justice being picked, but the Democrats don’t like it – so everyone must conform or it’s not fair.