Since nothing in life is certain, let’s just say that there is a 99 percent chance the Democrats will move to pack the Supreme Court to achieve an activist liberal majority – and a President Biden will go along with the scheme.
It will not just be adding more justices to the Supreme Court. The powerful left-wing of the Democratic Party wants to shift the entire federal judicial system to the left. They are calling for the creation of additional seats on the lower federal courts to offset Republican appointments over the past couple decades. They are proposing nothing less than a wholesale takeover of the federal Judiciary.
Why am I so sure that would be a tragic legacy of a Biden administration? After all, Biden was firmly against packing the Court in the past. That is not how he is talking today, however.
Biden will not give his firm commitment to veto any legislation that would change the number of justices – and even if he did, it would not mean that he would not break such a campaign promise if Democrats secure both the White House and the Senate.
And it is not just Biden’s refusal to say “no.” The idea of adding members to the Court to take philosophic control is being promoted by House and Senate Democrats. Both Senate Minority Leader Chuck Schumer and House Speaker Nancy Pelosi have said that NOTHING is off the table if they control the Oval Office and both houses of Congress. Even Biden’s potential Vice President, Senator Kamala Harris, has been coy when asked about the Court – hinting that such a move would be justified in the face of the confirmation of Judge Amy Coney Barrett.
Massachusetts Senator Ed Markey tweeted that “when Democrats control the Senate in the next Congress, we must abolish the filibuster and expand the Supreme Court.” Note, that is a “when” not an “if” – a “must” and not a “may.” Other Democrats supporting the move are House Judiciary Chairman Jerry Nadler and Congresswoman Alexandria Ocasio-Cortez — two more of the New York City left-wing establishment.
Keep in mind that for years, the left has been using – abusing – the federal courts to strip power away from both the Executive Branch and the Legislative Branch – as well as state and municipal governments. In the past, activist federal judges have taken management control of prisons as a response to alleged jail overcrowding. In the Obamacare case, the Supreme Court rewrote the law by declaring that the enforced premium was a tax and not an unconstitutional fee — even though President Obama and the Congress declared that it was a fee, not a tax.
Even Justice Ruth Bader Ginsburg conceded that Roe vs. Wade was not well-founded constitutionally – and that is why she feared it could be overturned on a technicality. She felt that abortion could only be protected by an act of Congress.
The elitist New York media is awash of articles justifying and promoting the takeover of the federal courts through specious and politically motivated so-called reforms. Articles presenting the left’s case for expanding the high Court are popping up in New York Magazine, The New Yorker, the New York Times and other Big Apple-based left-wing publications.
Several of these writers and activists have proposed a commission to study and re-shape the federal courts. Their writings coincide with Biden’s announcement that he would appoint a commission to study the role of the federal courts – from the Supreme Court to the District Courts. You can be sure that such a commission would be composed of their sort of radical left-wing scholars and academics.
One potential candidate for such a commission could be Professor Aaron Belkin, of San Francisco University. Way back in 2018, he founded Take Back the Court in support of packing and other dubious reforms to seize permanent left-wing control of the federal judiciary. Belkin’s proposal is to add six –underscore that, SIX new justices at one time – all activist liberal Democrats. That is a man who knows what seizing power all is about.
The findings of such a commission are predictable — to radically restructure the federal judicial system, including increasing the justices on the Supreme Court. The ball would then be lateraled to the major media, where it would then be given the propaganda treatment. The case against the proposition would be censored, buried and spun for the Democrats by the biased press. We have seen that movie before.
It has been argued that in the past, people voted for Trump because of the Supreme Court – and that was out of fear that Democrats would fill any vacancies with activist judges AS THEY AROSE. The high Court should again be a motivator to vote for Trump – and against a Biden administration – because the danger to the Court – and the Republic – is far far greater than at any time in the past. The Democrats’ plans for the Court is a major step forward for their authoritarian desire to gain permanent control over American governance.
So, there ‘tis.