Ginsburg’s Nightmare: The Democratic Plan To Destroy The Supreme Court Of The United States, by Jonathan Turley

The Democrats want a Supreme Rubber Stamp. From Jonathan Turley at

Below is my column in The Hill newspaper on the call for a litmus test for Supreme Court nominees and the packing of the Supreme Court with up to six new members to secure a majority.  Both ideas were expressly denounced by Ruth Bader Ginsburg. Indeed, to achieve these objectives, the Democratic members will have to tear down the very rule established by Ginsburg in her confirmation hearing.

The refusal of Vice President Joe Biden to answer repeated questions about his position on the packing of the Supreme Court is deeply troubling. This is a proposal raised not by the Republicans but his own running mate Kamala Harris and leading Democrats.  It would destroy the Supreme Court and voters should know if Biden would consider such an irresponsible act, particularly when he previously denounced it. The refusal to stand against the proposal is a fundamental failure of leadership. Rather than confront the most extreme elements of his party, Biden has chosen to remain silent on a major issue in this election. Frankly, that is not the Biden that many of us knew from his time in the Senate. He should take a stand against this pernicious idea and defend the institution, as he did in 2019.

Those arguing for proposal are not subtle. University of Chicago Law Professor Brian Leiter declared total license due to the failure to vote on Merrick Garland and now the effort to vote on Amy Coney Barrett: “If they pack the court, the Democrats would be crazy not to do their own court packing.” However, those are vacancies where the Senate used its constitutional power to withhold or hold a vote. I called for a vote on Garland but there was nothing unconstitutional in the withholding of the vote. Indeed, Ginsburg herself insisted that vacancies should be filled even in an election year in 2016. The fact is that, even if the Senate voted and rejected Garland, many of the same voices would still be supporting a court packing scheme. The packing scheme would change the Court for the sole purpose of securing an ideological majority. It would create a new and fundamentally flawed Court — a sad reflection of our age of rage.

When asked about calls to expand the Court, Ginsburg said it would destroy the continuity and cohesion of the Court. She added to NPR last year: “If anything would make the court look partisan, it would be that—one side saying, ‘When we’re in power, we’re going to enlarge the number of judges, so we would have more people who would vote the way we want them to.’”  The greatest insult is that these individuals are using Ginsburg’s death to change the Court in the very ways that she opposed in her life.

Here is the prior column:

Subtlety has been a stranger to our politics. This is the age of rage, and there is little room for nuance. That is evident in the intense debate over the nomination of Amy Coney Barrett to the Supreme Court. Democrats have dispensed with any pretense in their calls to block her and pack the bench with more justices. What they want is a Supreme Court with litmus test confirmations where Senate votes are conditioned on pledges.

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