President Biden has established a 36 member commission, dominated by people on the left, to "study" the role of the Supreme Court. The commission will look into "the Court's role in the Constitutional system; the length of service and turnover of justices on the Court; the membership and size of the Court; and the Court's case selection, rules and practices." The President has given the commission six months to issue their report. Why the need for a such a commission now? Because President Trump was able to fill 3 vacancies on the Court. But the Democrats in Congress are not waiting for the commission's report. Senator Ed Markey (D-Mass) and Representative Mondaire Jones (D-NY) already have a bill that will add 4 justices to the Court; which if passed and signed into law, conveniently allows Biden to appoint 4 new justices.
Markey and Jones had an Op-Ed up on CNN online, explaining the need for this court-packing. First, they start their article justifying the need for their proposed legislation. "For decades, the GOP has trafficked in dog-whistle, white grievance politics to hold onto power without popular support for it policies." Clear tactic - attack the GOP, and lie. It is a lie to say that Republican policies have no popular support; just as it would be a lie to say that some Democrat policies do not have popular support. Although, I fail to see the relevance of "popular support" in judicial decision making. It is the legislative branch that considers popular support.
Second, the need to explain the imminent danger if they don't act. "This Supreme Court has the ability to repeal our reproductive and marriage rights. To institute racist immigration policies that dehumanize those searching for a new life in the United States. To ensure that Black and Brown and disenfranchised voters never get the opportunity to make their voices heard at the ballot box." There is so much wrong here that it would take an entire blog post to adequately comment. Suffice it to say that the same charge was made about the Court overturning Roe v. Wade. Hasn't happened. But the goal is to scare enough people to make them support this court-packing scheme. And, of course, to scare the sitting justices into thinking twice about voting down the left-wing agenda. Some say that Chief Justice Roberts has already voted with that threat in mind.
Third, change definitions, something at which the left excels. Court packing was always understood as adding justices to the Court, as FDR proposed in 1937. Although he failed, the threat alone was enough to make the Court start upholding some of FDR's New Deal legislation. Markey and Jones: "Expanding to 13 justices would undo the Republican court packing of the last five years." Court packing of the last five years? Trump filled 3 vacancies on the Court. That is not court packing. I am well aware of the failure of the Senate to act on Obama's nominee Merrick Garland. (See the 9/21/20 post for a further discussion on that.) But the Democrats are saying all of Trump's appointees constitute court packing. A big lie.
Fourth, the truth slips out. Markey and Jones: "It (the proposed legislation) would restore our right to choose the world we want to live in..." There it is: "our right." The Democrats believe they have the right to control all aspects of society in order to create the world that they want.
Before she died, liberal member Ruth Bader Ginsburg opined that the current 9 members of the Court is a good number. The Court has had 9 members since 1869. Stephen Breyer, another liberal member of the Court, has also opposed the idea; and has expressed his concern that the Court would be viewed as being guided by politics rather than by legal principal. Who else opposed court packing? Joe Biden, as a US Senator. As the Constitution does not designate the size of the Court, Biden acknowledged that FDR had the right to propose legislation expanding the Court. But then Biden said this: "But it was a bonehead idea. It was a terrible, terrible mistake to make...it put in question...the most significant body, in this country, the Supreme Court of the United States of America."
It is clear that Biden's position has shifted or else he would not have appointed the commission. As to the justices length of service, that cannot be changed by simple legislation. Article III, Section 1 of the Constitution provides: "The judges, both of the supreme and inferior courts, shall hold their offices during good behavior." That means that federal judges at all levels serve for life, unless they are impeached and convicted. Or resign. Therefore, a Constitutional amendment would be required to limit the terms of the justices. But changing the size of the Court is definitely within the power of Congress.
As I frequently say, let's look at the big picture. Currently, the Democrats control the White House. They control the Senate. They control the House of Representatives. And their allies (fellow left-wing Democrats) dominate the mainstream media, social media, academia and Hollywood. But all that power is not enough. They must control the Supreme Court as well. They can not tolerate that conservatives dominate any institution in the country. It is no wonder that also on their agenda is ending the filibuster, packing the Senate (with D.C. and Puerto Rico added as new states), and taking full control of all elections nationwide. Maybe you think permanent one party rule is a good idea. I do not. A quote from John Dalberg-Acton best sums up the concern: "Power tends to corrupt, and absolute power corrupts absolutely."
