Ann Arbor Times

In a recent interview on "The Frank Beckmann Show," Mike Davis, a former clerk for Supreme Court Justice Neil Gorsuch and president of the Article III Project, said he has serious concerns about the possibility of a Joe Biden administration and the implications it could have for future SCOTUS nominees. 

"The next president over the next four years could appoint three or more new justices to the Supreme Court. If we have a President Joe Biden and Kamala Harris, the Democrats will almost certainly win back the Senate, and when they do that, they are promising to nuke the legislative filibuster, which means lower the vote threshold from 60 to 51 votes," Davis said on the radio program.

"With these four new Democrat senators, they are going to pack the Supreme Court," which means increasing the number of seats on the court from nine to 11, or even more. Davis likened the potential move to a "radical scheme," arguing that the number of justices on the bench today has not changed for 150 years, and for good reason.

Hon. Amy Coney Barrett | University of Notre Dame

According to Davis, the late Justice Ruth Bader Ginsburg even opposed the idea, saying it was too radical of a move. Beckmann asked Davis whether he though that the Democratic presidential candidate was aiming to change the way in which justices interact with the law of the land, and he replied, "Democrats have always advocated for judges to be mere politicians in robes."

The Article III Project, or A3P, is a political action organization dedicated to upholding Supreme Court nominees put forth by the Trump administration, including the most recent nominee, Judge Amy Coney Barrett. A3P consists of various political actors with experience in all three branches of the federal government. 

"A President Biden and Vice President Kamala Harris, with a Sen. Gary Peters from Michigan, packing the Supreme Court, it's game over America," Davis warned Beckmann.

While Democrats may argue that the Republican nomination of Barrett is breaking all norms when it comes to the Supreme Court, Davis makes the argument that Barrett's nomination is completely by the book and will be used as an excuse to pack the court during a future Democratic administration.