Democrats are like spoiled children, proficient at whining, foot stomping and petulantly claiming they are getting the short end of the stick. This is especially true when the “stick” in question happens to be the U.S. Supreme Court.
It is the president’s prerogative to nominate justices as vacancies occur. President Trump had three such opportunities during his term, filling seats on the high court with Brett Kavanaugh (replacing Justice Anthony Kennedy), Neil Gorsuch (replacing Justice Antonin Scalia) and Amy Coney Barrett (replacing Justice Ruth Bader Ginsburg).
The likelihood of repeating that feat is slim to none for Pres. Joe Biden, who is obviously in failing health and unlikely to serve out his full term.
Therein lies the quandary. The new administration wants to put its leftist mark on the court. That ideology was epitomized by Justice Thurgood Marshall who summed up his judicial philosophy with these words: “You do what you think is right and let the law catch up.”
Conservative justices, often described as “originalists,” or “constitutionalists” see the document as not open to wide interpretation, preferring to follow the law as written. A constructionist approach not only aligns with the founders’ vision for America, but it also is the best line of defense against an out-of-control government that deprives its citizens of their freedoms. The Constitution delegated the authority to make law to the legislature, not to judges.
It is with these lines of demarcation that Americans need to pay attention to the democrat’s preparations — as announced in this White House press release — for a hostile takeover of the U.S. Supreme Court by expanding the number of justices from nine to thirteen.
On February 5, 1937, democrat Pres. Franklin D. Roosevelt sent shockwaves through the nation by initiating a plot to expand the Supreme Court, known as “packing the court,” to insure his leftist agenda would easily be implemented. FDR’s scheme was short-lived, defeated by Roosevelt’s own party members. The senate judiciary committee was clear in its assessment, writing, “It is a measure which should be so emphatically rejected that its parallel will never again be presented to the free representatives of the free people of America.”
Today’s democrats are both ignorant of precedent and far less noble.
The overreach is being pushed by Sen. Edward J. Markey (D-MA); House Judiciary Chair, Jerrold Nadler (D-NY); U.S. Rep. Mondaire Jones (D-NY); and U.S. Rep. Hank Johnson (D-GA) — who deceptively defended the legislation’s introduction as necessary to start debate on the issue. Ramrodding is not akin to debate.
“Ultimately, we have to repeal the filibuster. And then we can move this legislation,” Markey said. “Clearly, we would want Republicans to vote with us, but if they are not willing to participate in that effort,” he slyly added, “then we can still do this on a basis of 51 votes.”
Jones, who stated Biden is “doing a tremendous job,” also said, “There is no reason to work with’ the GOP right now.”
The bill would add four seats to the high court, bringing the total to 13, from the current 9 which has been the case for 152 years. Their intent is to flip the ideological balance of the 9-member court from a 6-3 conservative majority to a 7-6 leftist majority.
Though the consequences of this scheme are enormous, as a 2020 presidential candidate Joe Biden, in an exchange with a reporter covered by the Daily Wire, said voters “don’t deserve” to know his view on this crucial issue. But as a senator in 1983, Biden held a far different perspective, calling packing the court, “a bonehead idea.”