PreviewThe people shape their own destiny
-- either as free people or as slaves.

If they remain self-reliant, they stay free.
Unchecked, ever-expanding government power
-- destroys lives.

Government panacea is a defective idea.
Email our servants:

President
Representative
Senator

Thursday, January 28, 2021

Biden to create commission to study Supreme Court reform

The left is still fuming over Justices Barrett, Gorsuch and Kavanaugh. The story reminds us “During the 2020 presidential election, Biden refused to address whether he would pack the court, insisting that he would not provide such an answer until at least 180 days after he became president and after he had received a recommendation from a bipartisan commission on changing the Supreme Court” (Daily Caller). 

"Since Biden’s election win and Democrats taking control of the House and Senate, progressives groups have doubled down on their demands to pack the court. On Wednesday, eight progressive organizations banded together to form the “Unrig the Courts” coalition to pressure Democrats to use their power to act. Their four demands are expanding the number of justices on the Supreme Court, expanding lower federal courts, enacting term limits for Supreme Court justices and improving ethics and transparency requirements for justices (Fox News)."

~~~~~~~~

"Packing the courts" refers to increasing the number of judges serving in federal court.  There is no constitutional limit to the number of federal judgeship, neither in federal circuit courts nor SCOTUS.

Federal court decisions tend to be acquainted with law that has faced public scrutiny when it was enacted.  A packed court decision is more likely to be the result of internal court politics. 

If Congress has close control over the make up of the courts, court decisions will more likely be based on current politics instead of the rule of law.  Thus packing the court will rig the outcome of court decisions in favor of the "Progressives" who do the packing.

This is the evident goal of the Progressives. Note that they wish to enact term limits for Supreme Court justices, evidently in order to make shifting the politics of the court easier and less obvious.

~~~~~~~~

If the SCOTUS is transformed into the final authority for law creation, then the court becomes a de facto legislature.  The US Congress would be no longer needed -- the court makes law. The president can disappear, since only the court knows what sort of law is to be enforced. National elections are no longer needed.  Messy democracy is ended by an all-to-powerful court.  And American democracy is dissolved into a cockeyed regal system.

This not a likely immediate outcome, but assigning so much power to the Court is a necessary first step in screwing up the balance we have enjoyed as a free people for so long.

No comments: