27 October, 2021

Oh Noes! We’re Stuck With the Court We Have!

Far-Left Fumes Over Draft From Biden’s Supreme Court Commission On Packing The Supreme Court | The Daily Wire

They don’t think it’s a good idea. Although they do leave themselves some wiggle room.

“Court expansion is likely to undermine, rather than enhance, the Supreme Court’s legitimacy and its role in the constitutional system, and there are significant reasons to be skeptical that expansion would serve democratic values,” the report said, later adding, “Court expansion today could lead to a continuous cycle of future expansions.”

From the actual report:

As we noted in Section I (B), some proponents of Court expansion justify the reform as a response to what they perceive to be a crisis of legitimacy—a concept whose dimensions we delineate in Chapter 1 of this Report. In the wake of bitter judicial confirmation battles, critics charge that Republican lawmakers since 2016 have used underhanded measures to secure a conservative supermajority on the Supreme Court.

Critics further worry that this new supermajority threatens to take the law, and particularly federal constitutional law, in a more radical direction than where it was already moving–perhaps by reversing or continuing to revise longstanding precedents in the areas of reproductive rights, affirmative action, gun rights, religion, administrative law, voting rights, and campaign finance law.

See, they try to convince you that there is good reason for this. The conservative court is illegitimate. They don’t quite explain why. It just is. And they realize that court-packing is the response to that and it makes sense to them. But they see it as destined to backfire. Shocking.

Well, I’m glad they got to the right answer, no matter the tortuous route they took to get there.

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