Destroying The Court To Save It: Democrats Wrongly Use Ginsburg Push Court Packing Scheme
Added 09-25-20 09:55:02am EST - “Below is my column in USA Today on the growing calls for packing the Supreme Court with up to six new members as soon as the Democrats gain control of both houses of Congress and the White House.? ?” - Jonathanturley.org
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Below is my column in USA Today on the growing calls for packing the Supreme Court with up to six new members as soon as the Democrats gain control of both houses of Congress and the White House. I was critical of Democratic nominee Joe Biden this week when he refused to answer a question of whether he supports this call by his running mate Kamala Harris and other Democratic leaders. Biden told reporters “It’s a legitimate question, but let me tell you why I’m not going answer…it will shift the focus.” That was an extraordinary statement since if the question was legitimate, the refusal to answer it was not. Many of us would not support a presidential candidate who supported the packing of the Court. If Biden considers this a viable option, he is not a viable candidate for many of us. This is a central issue in the presidential campaign that has been pushed by Harris and top Democrats. Yet, Biden is refusing to confirm his position. What is particularly concerning is that Biden precisely and correctly denounced court packing schemes like the one supported by this running mate. Just a year ago, he insisted “No, I’m not prepared to go on and try to pack the court, because we’ll live to rue that day.”
“Nothing is off the table next year.” Those seven words of Senate Minority Leader Chuck Schumer capture the “total war” declarations of the Democrats when asked about any nomination to replace Supreme Court Justice Ruth Bader Ginsburg before the election.
There is a type of liberation that comes from what military theorist Carl von Clausewitz called “absoluter Krieg”: “War is nothing more than the continuation of politics by other means. … For political aims are the end and war is the means.” The means raised with Schumer is a demand for the Democrats to pack the nation’s highest court with added members once they take control of the Senate.
House Judiciary Committee Chairman Jerry Nadler also declared that “the incoming Senate should immediately move to expand the Supreme Court.” Rep. Joe Kennedy III, D-Mass., tweeted: “If (the Senate) holds a vote in 2020, we pack the court in 2021. It’s that simple.”
Yes, it is as simple as it is senseless. It is a curious way to honor Justice Ginsburg by destroying the institution she loved. Packing the court is all about power, not principle.
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