Like spoiled children who suddenly find they cannot do everything their hearts desire, Democrats wail about the unfairness of the U.S. judicial system. Friday’s Supreme Court decision overturning Roe v. Wade has leftists calling for dismantling one-third of the government.
Charging the court “has lost legitimacy,” Sen. Elizabeth Warren (D-MA) said Sunday that the time is now for court packing. Incredibly, the failed presidential candidate rattled off last week’s gun control decision and cases dealing with voting and unions to support her argument.
Rep. Mondaire Jones (D-NY) frantically calls for packing the court with liberal justices “before it’s too late.”
In other words, a high court that does not toe the Democratic line must either be dismantled or watered down to get desired results. As for that actually happening, the possibility is not as far-fetched as some may think.
The Constitution is notably silent on the number of justices serving on the Supreme Court.
Changes to the Supreme Court’s number of justices were regular before 1869, with as few as five and once as many as 10 serving on the bench. Part of the reason was the rather informal nature of the high court in its early days, as jurists also rode circuits as well as served in Washington.
The number changed seven times in the court’s first 80 years, until the Judiciary Act of 1869 settled the number at nine.
Democrats casually toss around the charge of “illegitimate” when the Supreme Court does not rule in their favor. But it was their own ideological ancestors who saved the court’s “legitimacy” when President Franklin D. Roosevelt wanted to pack the court to favor his New Deal.
Along with Republican opposition, his own party struck back at the plan. It would make the justices merely political pawns and every level-headed legislator knew this.
Today’s Democrats have a much different idea of legitimacy. A judge or court that does not rubber stamp their pet priorities is not legitimate and must be purged.
There is danger inherent to this attitude. Once the pattern is established to expand or shrink the bench depending on the day’s biggest issue, their successors are morally free to do the same.
At that point the U.S. gets a “whiplash” government, one where incredible shifts from left to right are dizzying and unsustainable. Every election potentially creates or destroys from the ground up, and this will lead to chaos that makes today’s pale by comparison.
President Joe Biden displayed a rare moment of clarity over the weekend. The White House announced that he does not support the foolhardy goal of many of his party to completely dismantle the high court. But the left rages on, and calls for packing the bench are likely to only increase.