In their latest push to fundamentally transform the country – despite having only the slimmest of majorities in Congress – Democrats have been floating various options for packing the highest court in the land with an expanded slate of liberal justices.
As Breitbart reports, Sen. Tom Cotton (R-AR) argues that if the U.S. Supreme Court is expanded in line with Democrat aims, it will effectively become a “super legislature” akin to Britain’s House of Lords, subject to manipulation by a “transient” congressional majority.
Cotton’s comments came during an appearance Thursday on SiriusXM’s Breitbart News Daily in which he was asked to address recent initiatives from the left to expand the composition of the high court from nine justices to 13, filling those new seats, unsurprisingly, with liberal jurists.
Earlier this week, a group of congressional Democrats led by Reps. Jerry Nadler (NY), Mondaire Jones (NY) and Hank Johnson (GA) brought forth legislation that would add those four seats to the high court, as NBC News reported.
That move came on the heels of an announcement from the White House that President Joe Biden was establishing a commission on court reform to explore a range of issues including “…the length of service and turnover of justices on the Court; the membership and size of the Court; and the Court’s case selection, rules, and practices.”
Regardless of which method Democrats might choose in order to achieve this particularly odious feat, Cotton made his position on the broader issue crystal clear, stating that court packing “turns the Supreme Court into nothing more than just a super legislature,” adding:
It becomes like a smaller version of the House of Lords in the United Kingdom that can be manipulated by whatever transient majority holds the Congress today for political gain, forever undermining the rule of law and the reverence and veneration that the American people have for the rule of law and the Constitution.
The senator went on to blast the Democrats’ push to pack the court as a blatant attempt to construct a “rubber stamp” branch of government that will thwart future constitutional challenges to the left’s most radical policy objectives. In addition, he argued that Biden’s newly-formed commission has no legitimate purpose, saying:
There’s nothing to study; the Supreme Court works just fine.
The Democrats are not worried about the effective functioning of the Supreme Court. The Democrats are worried about a Supreme Court that upholds the Constitution and the rule of law.
For now, at least, the Democrats’ court-packing bill appears to be going nowhere, with House Speaker Nancy Pelosi (D-CA) declaring on Thursday that she has “no plans” to bring such a measure to a vote, according to The Hill. She did, however, emphasize that she wants to allow time for Biden’s commission to make its recommendations, stating that an addition of seats to the court is “not out of the question.”
Sen. Cotton’s warning that court packing could effectively end the independent judiciary as we know it is well-taken, and it is essential that conservatives and moderate Democrats alike unite in opposition to any attempt at such a naked power grab.