Posts Tagged ‘court packing’

The Biden Regime declared war on the Supreme Court

Posted: August 1, 2024 by Jon Fournier in Uncategorized
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Democrats absolutely love the Supreme Court when that august body issues opinions that conform to progressive orthodoxy.  When the Supreme Court issues opinions that actually reflect the original meaning of the Constitution and founding principles of the United States, Democrats behave like small children. This is exactly what took place this past Monday when the Biden Regime issued the following proposal: FACT SHEET: President Biden Announces Bold Plan to Reform the Supreme Court and Ensure No President Is Above the Law | The White House

From his first day in office—and every day since then—President Biden has taken action to strengthen American democracy and protect the rule of law.

In recent years, the Supreme Court has overturned long-established legal precedents protecting fundamental rights. This Court has gutted civil rights protections, taken away a woman’s right to choose, and now granted Presidents broad immunity from prosecution for crimes they commit in office.

At the same time, recent ethics scandals involving some Justices have caused the public to question the fairness and independence that are essential for the Court to faithfully carry out its mission to deliver justice for all Americans.

The opening paragraphs of this fact sheet prove that the political left lives in an alternate universe, with a vastly different reality.

As you can see from this next paragraph, the Biden Regime is hoping to cram this farce through before the election.

President Biden and Vice President Harris look forward to working with Congress and empowering the American people to prevent the abuse of Presidential power, restore faith in the Supreme Court, and strengthen the guardrails of democracy. President Biden thanks the Presidential Commission on the Supreme Court of the United States for its insightful analysis of Supreme Court reform proposals. The Administration will continue its work to ensure that no one is above the law – and in America, the people rule.

The only positive thing you can say about the first proposed reform is that it does not violate the Constitution because it calls for a Constitutional Amendment.

No Immunity for Crimes a Former President Committed in Office: President Biden shares the Founders’ belief that the President’s power is limited—not absolute—and must ultimately reside with the people. He is calling for a constitutional amendment that makes clear no President is above the law or immune from prosecution for crimes committed while in office. 

This next proposal completely shreds Article 3 of the Constitution, which does not include an actual term limit.

Term Limits for Supreme Court Justices: Congress approved term limits for the Presidency over 75 years ago, and President Biden believes they should do the same for the Supreme Court. The United States is the only major constitutional democracy that gives lifetime seats to its high court Justices. Term limits would help ensure that the Court’s membership changes with some regularity; make timing for Court nominations more predictable and less arbitrary; and reduce the chance that any single Presidency imposes undue influence for generations to come. President Biden supports a system in which the President would appoint a Justice every two years to spend eighteen years in active service on the Supreme Court.

The third and final proposal also shreds Article 3 of the Constitution because neither the Executive Branch or the Legislative Branch are granted the authority to impose a code of conduct on the Supreme Court.

Binding Code of Conduct for the Supreme Court: President Biden believes that Congress should pass binding, enforceable conduct and ethics rules that require Justices to disclose gifts, refrain from public political activity, and recuse themselves from cases in which they or their spouses have financial or other conflicts of interest. Supreme Court Justices should not be exempt from the enforceable code of conduct that applies to every other federal judge.

Here is the actual text of Article 3 Section 1 of the Constitution.

Section 1- Judicial powers. Tenure. Compensation.

The judicial power of the United States, shall be vested in one supreme court, and in such inferior courts as the Congress may, from time to time, ordain and establish. The judges, both of the supreme and inferior courts, shall hold their offices during good behaviour, and shall, at stated times, receive for their services a compensation, which shall not be diminished during their continuance in office.

Biden and Harris never gave voters an answer on court packing

Posted: November 1, 2020 by John Ruberry in elections, News/opinion, politics
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By John Ruberry

Election Season is almost over–Election Day of course is on Tuesday.

Amy Coney Barrett is now America’s newest US Supreme Court justice, there is a solid 6-3, or mostly solid, conservative majority on the nation’s highest court.

Here’s something to think about now that November is here: we never got a solid answer on whether Joe Biden and Kamala Harris favors packing the Court with liberals.

Harris was particularly shameful in discussing court packing, claiming the Donald Trump has been doing that for the last four years. That’s a lie. Harris is hoping that enough uneducated voters fall for her pack of crap explanation that filling judicial vacancies, one seat for one seat, is court packing.

Court packing as a strategy goes back to Franklin Roosevelt’s second term. Frustrated by Supreme Court rulings against parts of his New Deal, FDR proposed adding seats to the Court. The Supreme Court has been fixed at nine seats since 1869.

Last month Harris and Biden hemmed and hawed over court packing and the subject was brought to them by by local reporters, not the elite media. Finally Biden said we’d get our answer on court packing after the election.

This is leadership?

Last week, in a 60 Minutes interview, Biden said if elected he would for a commission whose focus would be on “how to reform the court system.”

Meanwhile the next day far-left member of Congress, Alexandria Ocasio-Cortez (D-NY) in a Tweet phrased her opinion, “Expand the court.”

To my knowledge no one has publicly asked Biden or Harris if they support packing the US Senate with two more states, Puerto Rico and the the District of Columbia.

Both states are heavily Democratic.

John Ruberry regularly blogs at Marathon Pundit.

Democrats Stepping into the Abortion Bear Trap on Court Packing

Posted: October 14, 2020 by datechguy in Always look at the bright side of Trump, elections, politics, primaries
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About a week ago I saw a piece at the NYT that argued that Democrats would be better off if Roe v Wade was repealed and sent back to the states on the grounds that it would take the issue off the table and allow religious people who might like Democrat social programs but for some reason draw a line in the sand over murdering kids, a reason to return to the party.

I found the argument interesting in the sense that the reason why I left the Democrat Party in the 90’s was I concluded that as a practicing Catholic I just plan wasn’t welcome anymore.

That issue, becoming the sacred cow for the party combined with the move of the Democrats to a secular party makes a tough generational fight against a party that welcomes those who choose to “be fruitful and multiply” but amazingly the Democrats are on the verge of repeating this mistake with a totally different set of voters on a totally different issue. Court Packing.

Joe Biden and Kamala Harris have already balked on giving their position on the issue (I helpfully outlined it for them earlier this week) and it seems they are not the only candidates ducking and weaving with the subject comes around.

Other Democrats, in safe seats in deep blue states have been less circumspect:

Senator Ed Markey of Massachusetts recently urged Democrats to support court-packing if Republican Senate Majority Leader Mitch McConnell moves to confirm President Donald Trump’s Supreme Court nominee Amy Coney Barrett.

“Mitch McConnell set the precedent,” Markey tweeted. “No Supreme Court vacancies filled in an election year. If he violates it, when Democrats control the Senate in the next Congress, we must abolish the filibuster and expand the Supreme Court.”

Congressman Joe Kennedy of Massachusetts issued a similar statement in support of court packing. “If [McConnell] holds a vote in 2020, we pack the court in 2021. It’s that simple,” he tweeted on September 19. Grassroots progressive groups like the Justice Democrats have also supported the idea.

Democratic Congresswoman Alexandria Ocasio-Cortez on Saturday told NBC, “We should leave all options on the table, including the number of justices that are on the Supreme Court.” Her remarks have also been echoed by Democratic Senate Minority Leader Chuck Schumer of New York.

Their public embrace of this position completely changes the game and cements the trap.

This means that in every house race and in every senate race this year the whole “packing the court” issue can be raised over and over again and Democrats will have the fun choice of bucking their angry Marxist base or keeping their mouth shut

I’m suggested that Trump can checkmate the Democrats by introducing a Constitutional Amendment to fix the Supreme Court at nine seats. While it will come in handy this time around it has The democrats rejection of such an amendment can cement the issue for those worried about the destruction of the court system for decades.

It will be abortion all over with a whole different set of voters.

If Conservatives are smart they will force the Democrats into this dilemma and if they play it right, they’ll have an issue that will make coin GOP majorities long after Donald Trump is out of office.

If Democrats are smart they’ll help that constitutional amendment I suggested pass congress and while feigning opposition guide it though ratification to take the issue off the table as soon as possible, because if they don’t this trap will close on the and hold their party tight.