Democrats and their army of left-wing activist groups failed to defeat Justice Brett Kavanaugh’s confirmation by the Senate, so now a movement is brewing to pack the Supreme Court to restore a liberal majority on the nation’s highest tribunal.
There are nine justices now, thanks to Kavanaugh’s ascension, with five of them being generally conservative. “Packing the court” would happen if Congress decided to add an odd number of new seats to bring the total to 11 or 13 or some other number.
The assumption is that a liberal Democrat will defeat President Donald Trump in 2020 and then appoint left-wing judges to the newly created seats.
This is not a new song, as President Franklin D. Roosevelt tried and failed to pack the court after it struck down many of his major New Deal economic and welfare reform programs during the Great Depression.
“The issue is coming up now because people on the Left feel that there’s a certain amount of skulduggery that has gone on to drive the court very far to the Right,” New York University School of Law Prof. Barry Friedman told LifeZette. “It’s a system that rewards the luck of when justices retire or leave the court otherwise.”
Friedman said “Democrats feel the court has been shoved very far to the Right and they are looking for remedies to that … the court exercises an unbelievable amount of power in society and it does it largely without democratic control.”
South Texas College of Law Houston Prof. Josh Blackman told LifeZette the idea was talked about in 2017 among academics almost immediately after Justice Anthony Kennedy announced his retirement with some discussions beforehand. But as the confirmation process reached its end the idea picked up steam.
“What happened with Justice Kavanaugh with the confirmation process, I think, probably, emboldened people in favor of court packing to the extent that people weren’t talking about it before,” said Blackman, who is also a founder of the Harlan Institute and FantasySCOTUS. “I think the politicization of the Kavanaugh hearing will probably make those calls a little bit more vocal, a little bit louder.”
Whatever the reason is behind the movement, Blackman said, “I think it is a terrible idea, I don’t think it should be done. I think it was a mistake when President Roosevelt tried it and I think it would be a …