The Supreme Court handed Trump a 6-3 win Thursday and gave him the green light to deport 350,000 Haitians.
A Democratic congressman watched that ruling come down and went straight to CNN.
What he demanded on live television should end his Senate campaign on the spot.
The Ruling That Set Moulton Off
The Supreme Court ruled 6-3 Thursday that Trump has unreviewable authority to end Temporary Protected Status for 350,000 Haitians.
Justice Samuel Alito wrote the majority opinion clearly: the TPS statute bars courts from second-guessing the executive branch's termination decisions.
The White House spokeswoman called it a "tremendous win" and said the ruling "affirmed what President Trump has always maintained – temporary protected status is, by definition, temporary."
That was the moment Moulton went to CNN and announced Democrats need to pack the Court "to push back against the MAGA Republicans."
He called the TPS ruling a travesty because it sends Haitians back to a country "the State Department, under Marco Rubio, has said Americans can't travel there because it's so unsafe."
That's a remarkable argument.
The Move Democrats Have Tried Before
This is not a new idea.
Franklin Roosevelt tried the exact same play in 1937 after the Supreme Court kept striking down his New Deal programs.
FDR proposed adding one new justice for every sitting justice over age 70, which would have let him pack the bench with up to six new picks.
His own vice president gave the plan a thumbs-down from the Senate floor.
Seven Democrats on the Senate Judiciary Committee signed a report calling it "a needless, futile and utterly dangerous abandonment of constitutional principle."
Congress killed it.
The plan polled against nine-to-one in letter-writing campaigns to Congress.
Democrats in 1937 understood what Moulton apparently doesn't: a court engineered to deliver your preferred outcomes is not a court – it's a legislature with lifetime appointments.
The Senate Race That Explains Everything
Moulton is not just a backbench congressman throwing a tantrum.
He is currently running against incumbent Massachusetts Senator Ed Markey in the Democratic Senate primary – a September 2026 race he entered by criticizing Markey as too old and too out of touch.
He ran on being the reasonable one.
Just months ago he attended a field hearing on Haitian TPS in Mattapan, Massachusetts, calling the Trump administration's decision "cruel and reckless."
Now the Supreme Court has ruled Trump's decision was also completely legal.
So Moulton's answer is to demand a new Supreme Court – one that would give him a different answer.
That's not a legal argument.
That's a campaign pitch to Massachusetts primary voters who need to see him fighting.
What the Ruling Actually Means
The 6-3 decision in Mullin v. Doe gives Trump the green light to begin stripping work permits, drivers' licenses, and legal residency from the 350,000 Haitians Biden let in.
Employers who keep them on payroll now face federal fines.
Landlords will have to renegotiate as the Haitian population moves out of communities like Springfield, Ohio – the city that became a national flashpoint in 2024 when Trump accurately flagged the strain those arrivals placed on local schools, roads, and services.
DHS General Counsel James Percival put it simply: "The T in TPS stands for TEMPORARY."
Moulton wants you to believe that ruling is racist.
The Supreme Court majority ruled the termination was not "overtly racial" and that executive authority over TPS is expressly unreviewable by the courts.
Six justices said it.
Seth Moulton wants to add enough justices until he gets a different answer.
That's what Democrats do when they lose.
Sources:
- Ian Hanchett, "Moulton: We Should Talk Court Packing Because SCOTUS Is Saying Haitians Should Go Back," Breitbart, June 26, 2026.
- Neil Munro, "Supreme Court Approves Trump's Decision to End 'TPS' Amnesty for Haitians," Breitbart, June 25, 2026.
- Daily Caller Staff, "Democrats Renew Calls For Court Packing After SCOTUS Allows Trump To Deport Illegals," Daily Caller, June 25, 2026.
- The Federalist Staff, "Democrats Trying To Repeat History With FDR Court-Packing Ruse," The Federalist, June 25, 2026.
