The idea of having a party pack the Supreme Court with justices that are likely to rule in its favor is nothing new. Democrat President Franklin Delano Roosevelt tried and failed to do it and the experiment is widely seen by both parties alike as being a bad idea. Even so, now that Brett Kavanaugh has been successfully appointed to the Supreme Court, left-wing activists and journalists are literally begging the Democrat Party to consider adding new Supreme Court judges should the DNC win the Presidential election in 2020.
The cries in favor of court-packing started earlier this year even before Justice Anthony Kennedy announced his resignation from the court a few months ago. The fact that President Trump was able to appoint a conservative justice to replace another conservative justice was apparently too much for some left-wing activists to handle. Several journalists started floating the option of packing the Supreme Court with a couple more justices. What is more, they made their intentions clear, stating that, should a Democrat president win an election and gain a majority in one or both houses of Congress, that president and his or her Congressional allies should be able to pass laws without interference from a “Republican” Supreme Court that may strike these laws down as unconstitutional.
Ironically, those who favor court packing fail to mention the all-important fact that a government that makes laws that are in line with the Constitution do not need to fear the Supreme Court as sound, constitutional laws are not in danger of being struck down.
Even so, the calls in favor of court packing have become far more widespread in the wake of Justice Kavanaugh’s confirmation. A number of news outlets including the New York Times have begun running stories discussing the possibility of the Democratic Party adding a couple of justices to the Supreme Court so that liberal justices would outnumber conservative ones by a 6 to 5 margin. For this to happen, Democrats would need to retake control of both the White House and the Senate at some point in time.
This is not by any means an impossibility. Should such a situation occur, there would be nothing a Republican minority in Senate would be able to do to stop the process as the Constitution does not clearly state how many justices should serve on the Supreme Court at any given time.
On the flip side, the Republicans could later add even more justices to the court in order to create a conservative majority, and there would be nothing that a minority Democrat opposition in Senate would be able to do to stop the process.
Given this fact, even many liberals who vehemently oppose President Trump are wary of embracing court-packing as a way to regain control of the Supreme Court. These activists also note that while packing the Supreme Court with liberal justices may save laws such as Roe vs. Wade, the Obergefell decision allowing gay marriage, and future laws that a liberal president may write, packing would also undermine the Supreme Court’s authority. The likely outcome would be the states would begin ignoring Supreme Court decisions and simply operating according to their own whims.
Many liberal activists are enraged by the fact that Trump has now selected two Supreme Court justices. They are also terrified by the fact that there is a very real chance that he may select at least one more at some point in the future, as liberal justices Ruth Bader Ginsburg and Steven Breyer are both over 80 years of age. The calls to pack the Supreme Court are evidence of the fact that these far-left liberals are willing to do literally whatever it takes to reach their goals.
Thankfully, there are still many people, even within the Democratic Party, who realize that court packing is not a good idea. What is more, as the general public sees that many Democrats are willing to take extreme measures to regain power or hold onto it once they get it, voters are likely to turn from liberal lawmakers and embrace those who put a premium on rule of law rather than their own wishes.
~ Liberty Planet