Court Packing is Unwise and Unwarranted

Royal Alexander/Opinion

The U.S. Supreme Court has forgotten that it is emphatically its duty and province to say what the law is, even in the face of intimidation. (Marbury v. Madison)

Intimidation. There is no other logical explanation for it. President Biden recently announced his Presidential Commission on the Supreme Court which could more accurately be called the “Latest Liberal Effort to Pack the Court with Left Wing Judges and Justices.” [The effort to pack or alter the Court when considered alongside discussions about adding two Democrat states and four additional Senators as well as repealing the Electoral College legislatively and ending the legislative filibuster all speak to the concerted effort of the fascist Left not to engage in political debate but to stifle it and ultimately criminalize political differences.]

Supporters and allies of President Theodore (Teddy) Roosevelt in 1906 and in 1912 and President Franklin D. Roosevelt in 1937 threatened to pack, alter, or otherwise undermine the Court. The interesting thing is that liberals have never had to make good on these threats because the Supreme Court has allowed itself to be threatened and intimidated into ruling in the way the political Left wanted it to.

To his eternal credit, Supreme Court Justice Stephen Breyer recently stated that packing the Court would undermine and harm the public’s perception of the Court and the rule of law. “Structural alteration motivated by the perception of political influence can only feed that latter perception, further eroding that trust.”

These attacks on the Court are both tragic and a perversion of what our Framers intended as the role of the Supreme Court in our Separation of Powers. There is nothing more critical to the preservation of our constitutional form of government than the abiding presence of a fair and impartial judiciary. Nothing. If a party loses in court, they may be disappointed, but they will accept the results if they believe they had a fair trial and “their day in court.”

That is why it is poisonous to our democratic form of government to do what the national Left is trying to do to our Supreme Court in order to advance a liberal agenda it most likely cannot advance in the appropriate and legal way—through legislation in Congress. It is also corrosive to the trust Americans must have in the judicial system to create the impression that the courts are nothing more than a third political branch.

As such, it is a complete dereliction of the Supreme Court to allow itself to be forced into the position that it is making policy and serving as a “Super Legislature.” That is fundamentally not its role.

However, even if the Court could somehow “save” itself as an institution by caving into political pressure, to what end would it do so? It would forever be viewed as weak, cowardly, and untrustworthy. It would certainly no longer hold its honorable and exalted place as one-third of our constitutional system of government. In fact, the very reason the Framers provided federal judges with life tenure and undiminished salary was to remove and insulate them from politics and political pressure.

Well, turnabout is fair play. If Democrats attempt to pack the Court with new justices, the Republican Party can always limit or strip the Supreme Court of its jurisdiction to hear appellate (appeals) cases. This is because the Constitution clearly affords the Congress this power under Article III, Section 2. One way to begin this would be, for example, to limit all cases seeking to “find” new substantive due process rights in the Constitution as the Court did, unconstitutionally, in Roe v. Wade. Congress could also withdraw jurisdiction from the Court and prohibit it from hearing cases involving issues such as, for example, immigration, a right to die, a guaranteed basic income and congressional redistricting. By doing so, Congress would simply be limiting the Supreme Court to its express, original, and traditional role.

The Supreme Court must be viewed as—and truly serve as—a fair, impartial and neutral arbiter of law or it will be viewed as illegitimate. Fearlessly reasserting its independence is the only way the Court can preserve its legitimacy and discharge its constitutional duty. It must do so, or the delicate balance maintained by our system of checks and balances will be lost and the belief in America as a free and just society, imperiled.

5 thoughts on “Court Packing is Unwise and Unwarranted

  1. Joe 1, I wish you would explain yourself a little better. The first three words you write are “UNWISE AND UNWARRANTED” which at first glance would tell me that you believe that the packing of the Supreme Court is not a good thing. But I’m wrong based on the last part of your sentence “JUST LIKE YOUR OPINIONS” which tells me for sure that you are a liberal headed nut job. Libs keep talking about let’s do this, we are behind the times, this will keep the Court up to date with the number of people in the US. One thing they haven’t mentioned is what one has to do with the other.

    I guess they think all conservatives are blind, dumb, and totally clueless. I will admit there might be a few like that, but I would say the blind, dumb, and totally clueless folks are all Liberals. Do you think we don’t notice that the packing of the Supreme Court is being pushed while Dems hold the power in DC. We know what is going on, at least most of us do. Now if the the Republicans, and all the Conservative leaning people in DC would open their eyes and do their dang jobs, we could stop some of this nonsense. The two top ranking people in DC are not qualified to do the jobs they were elected to do. We need people up there who will look at both sides of a problem, see the good it might do, and the harm it will do, and vote accordingly. I worked with a loony liberal once, and the ideas coming from that person were just plain stupid. When the cons of her ideas were pointed out, she would get a dazed look, like a light was just turned on and was blinding her, as she began to see the problems with her ideas. That is the problem today in DC. They see one way, tunnel vision, and never see the problems that could arise.

    Wise up Joe 1. You are not making yourself clear when you write. And if you thing Royal is wrong in this, you are not thinking clearly. Learn to look at pros and cons of ideas. Voters didn’t in the most recent presidential election, and look where we are today. Within weeks, tens of thousands of jobs were lost when he stopped work on the pipeline.He stopped the construction of the border wall and caused a huge influx of people who flooded our country, with no work, no place to live, and little children with no family. At the border, there is a massive problem. People are flooding our country during a pandemic, while we all have to wear masks to try to stay safe, and we don’t know if they are bringing more medical problems with them, not only COVID, but measles, tuberculous, chicken pox. Just let them through Joe, no big deal. Then the big issue at the border with the children. They are kept in tents, sleep on the floor, get fed something, have school, and everything is supposed to be good for them, yet Senators and Congressmen and news people cannot go into the area and see how these children live. Our tax dollars that Joe is already spending somewhere is going there to hire extra people to handle the problem. Good thinking Joe.

    Yet people stupidly talked about what Trump was doing. RIGHT! He was turning families around. People were not sending children alone to be sexually abused by coyotes who bring them and then drop them over a 14′ tall fence. Those little ones land on the hard ground dazed and alone. Now Joe wants to send millions of dollars to the countries these people are leaving to improve conditions. Another good one. He is going to send to the politically powerful people, who will keep the money and nothing will change. Did he really think that would work? Would these people go home even if things did improve in their countries?

    There are so many other things, but we do finally, after Joe’s fourth month leading our country, get to the packing of the Supreme court. It’s a bad idea, you don’t need to increase the number of people on the court, why on earth would you have to? Because there are more people in the US than there were back in the day when the Constitution was written. I have to say, I don’t go for this idea first of all because it’s a bad idea that doesn’t make any sense. But next I would say, look at the decisions Joe has made up to this point. I don’t see a good one. Some of his appointments to his cabinet didn’t pass muster because they had bad backgrounds or history. Some were almost comical, it they had not been so dangerous to our country. But based on Joe’s past decisions, would you agree to the next one he makes. Not me, no way, no how. He is a man who will destroy this country, or his backroom handlers will. Think on that.

  2. No more is America. The haters of America are destroying our bipartisan country.

    So much push for complete control and dictatorship. So much greed for power to remove our God loving and God fearing society.

    The culture of death. Horray for death of the unborn, for death by euthanasia, death by approving of violence with gangs that shoot guns at random killing who ever is in the bullets way, even children, death to the sexual innocence of children, death to economic stability of this country, and death to God’s protection of the USA. Death to secure borders.

    And death to freedom of speech.

    So go ahead and celebrate what you now see unfolding.

    We will all pay the consequences of this destruction path.

      • Joe is one of those people who will be first inline to whine when everything has totally collapsed. First one to lay down his rifle take a knee and totally give in!

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