“Once again, the Supreme Court has shown that it’s not in the tank!” Dan Abrams exuberantly reminded his SiriusXM listeners yesterday.
That is, the same High Court that Democrats have so harshly demonized as in President Trump’s pocket just handed him yet another defeat, striking down his executive order restricting birthright citizenship.
“It’s a very conservative court. I disagree with some of the rulings, I agree with others,” continued Abrams. “That’s not the question. The question is . . . questioning the legitimacy of the court.”
Calling that a “problem,” he added, “that’s what we’ve seen liberals doing again and again and again.”
Even to the point of advocating court-packing, arguing that when Democrats ever win back the White House and Congress, they should add enough new justices to gain an immediate majority. As Sen. Corey Booker (D-NJ) puts it, Democrats are looking “to reform the court and bring it back into alignment.”
If you ask me, a judiciary independent enough to be out of political “alignment” is a good thing. But the number of Supreme Court justices is not constitutionally prescribed; Congress could alter it at any time.
As we celebrate the 250th anniversary of the Declaration of Independence, the birth of these United States, we should recognize what a gift our justice system is. With all of its flaws, it’s still the envy of the world.
We need a constitutional amendment to set the number of justices. Leaving to Congress the option of remaking the Court every time partisan control changes in Washington is . . . corrupting.
And let’s do that before we edit the 14th Amendment to end birthright citizenship for those entering the country illegally . . . as well as Chinese nationals and others practicing “birthright tourism.”
This is Common Sense. I’m Paul Jacob.
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One reply on “Unpacking the Court”
I’d quite like the number of Justices to be set in the Constitution, but an Amendment to fix the number would require a two-thirds majority in each chamber of Congress, and then ratification by three-fourths of the legislatures of the constituent states.
We know that the Democrats would not provide the needed votes in Congress. Indeed, I have my doubts that the Republicans would all vote in favor.
Democrats would have done better to attempt a Virginia-style betrayal, posing as-if too moderate to pack the Court. As things stand, some folk who would have considered voting Democrat or at least stayed home will instead cast their votes for Republicans, attempting to prevent the nerfing of the Constitution.