News and Analysis

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

   DailyWire.com
WASHINGTON, DC - SEPTEMBER 17: U.S. President Joe Biden participates in a conference call on climate change with the Major Economies Forum on Energy and Climate in the South Court Auditorium in the Eisenhower Executive Office Building on September 17, 2021 in Washington, DC.
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The far-left fumed over an initial draft from Democrat President Joe Biden’s Supreme Court Commission on the issue of packing the Supreme Court, an idea that the report cautioned against.

“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.”

The Washington Post noted that the push from the far-left to expand the Supreme Court in response to former President Donald Trump getting to name three justices to the nation’s highest court was “always something of a pie-in-the-sky idea”:

… the commission cautioned that increasing the size of the court would be perceived as partisan maneuvering with significant consequences for the court and its future. It would not only be perceived that way; it would be that way, and with massive untold consequences … packing the court would indeed set the court (which has had no more than nine justices for 150 years) on a path of no return.

The report says this would threaten the court’s “long-term legitimacy or otherwise undermine its role in our legal system” by creating a system in which the court is repeatedly expanded to suit political purposes. One estimate cites as many as 29 justices being on the court in the next 50 years. … Not only is the proposal a drastic one, but Democrats have floated it with virtually no ability to actually make it a reality. They began talking about it when they were in the minority in the Senate and didn’t even have the presidency; today they have the barest of majorities in the Senate — 50 seats plus the vice president — and can’t even get all their senators to agree on a major infrastructure package.

The far-left was triggered by the draft materials from the Supreme Court Commission, claiming without evidence that the results were “fixed” from the start.

Some of the top reactions to the report included:

  • Mark Joseph Stern, Slate writer, tweeted: “This report is an abomination. It assumes that today’s Supreme Court is basically apolitical while fretting that reforms with any real teeth would politicize it, and potentially break democracy. Republicans must be thrilled with this outcome. It’s a gift to the GOP. I expect Republicans to quote this report endlessly whenever Democrats raise the prospect of Supreme Court expansion. It hands the GOP a splendid new talking point: ‘Even Biden’s own commission warned against court expansion!’ What an incredible self-own by Democrats. The report is also wildly inconsistent in its approach to its own work. It avows that it will not take any positions or make any recommendations … then spends page after page criticizing Supreme Court expansion. Because bias toward the status quo isn’t seen as taking sides.”
  • Elie Mystal, The Nation, tweeted: “When you put no court reformers on your court reform commission, you end up with no court reform. This game was fixed from the moment @JoeBiden named the commission.”
  • Brian Fallon, head of the pro-court-packing group Demand Justice, said: “This was not even close to being worth the wait. From the beginning, the purpose of this Commission was not to meaningfully confront the partisan capture of the Supreme Court, but rather to buy time for the Biden administration while it fights other legislative battles.”

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