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OpinionDemocratic Presidential Candidates Are Seeking To ‘Pack’ The Supreme Court

01:00  11 july  2019
01:00  11 july  2019 Source:   dailycaller.com

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Today, many Democrats seek to limit Justice Kavanaugh’s impact (and that of President Trump’s other Supreme Court appointment, Justice Neil Gorsuch) by adding additional seats to the nine At least 10 of the 22 Democratic presidential candidates favor some form of court - packing .

Democratic candidates are increasingly advocating " court packing ," that is , upping the number of Supreme Court justices to balance the bench -- or South Bend, Indiana, Mayor Pete Buttigieg was among the first of the Democratic presidential candidates to spotlight court overhaul proposals.

Democratic Presidential Candidates Are Seeking To ‘Pack’ The Supreme Court© Scott Eisen/Getty Images Sen. Elizabeth Warren (D-MA), announces her official bid for President on February 9, 2019 in Lawrence, Massachusetts. Warren announced today that she was launching her 2020 presidential campaign. (Photo by Scott Eisen/Getty Images)

Editor’s note: The opinions in this article are the author’s, as published by our content partner, and do not necessarily represent the views of MSN or Microsoft.

One year ago this week, President Trump nominated Brett Kavanaugh to a seat on the United States Supreme Court.

Today, many Democrats seek to limit Justice Kavanaugh’s impact (and that of President Trump’s other Supreme Court appointment, Justice Neil Gorsuch) by adding additional seats to the nine member court — and filling them with progressive judicial activists.

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We asked the candidates whether the size of the Supreme Court should be expanded. “I think it would meet with the same fate as when Franklin Roosevelt tried to pack the court .” The New York Times reached out to 22 Democratic presidential candidates to ask them the same set of questions

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At least 10 of the 22 Democratic presidential candidates favor some form of court-packing. Pete Buttigieg and Robert Francis (aka “Beto”) O’Rourke have floated a proposal to expand the number of justices to 15 — five appointed by Republicans; five appointed by Democrats; and five selected by the ten appointed justices.

Sens. Kamala Harris, Elizabeth Warren, and Kirsten Gillibrand also support an enlarged court.

And a left-wing advocacy group, originally called “Pack the Court,” plans to spend millions of dollars during the 2020 campaign cycle to pressure candidates into making court-packing a priority.

No doubt, some marketing genius advised these activists that the name Pack the Court reeked of a brazen political power grab. The group now goes by the name “Take Back the Court,” which falsely implies that the court is a lopsided political institution that requires balance in order to restore its legitimacy.

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Democratic presidential candidates are starting to endorse the bold strategy of court - packing . This might seem like a less drastic solution than adding seats to the Supreme Court , but it might be more difficult to enact into law: Since Article III specifies that justices serve for life, imposing straight

Progressive activists are pushing 2020 Democratic presidential candidates to commit to increasing the number of Supreme Court justices in order to Pack the Courts Executive Director Aaron Belkin, a political science professor at San Francisco State University, said he thinks norms are important but

Of course, as any 8th grade student of civics should know, the Supreme Court is not supposed to operate, like some federal commissions do, with a “balance” of members from the two major political parties. Nor is it supposed to advance certain policy positions.

Although the selection and appointment of federal judges is, inevitably, a political process, once confirmed, federal judges are supposed to rise above politics. Lifetime appointments are intended to insulate them from political pressures and from the current cultural zeitgeist.

The role of a judge is not to respond to the will of the people or to update laws for the modern era. (That is the job of our elected representatives.) The role of a judge is limited to interpreting the law as written and ensuring that laws passed by the political branches comply with the United States Constitution. As Chief Justice John Roberts famously noted, the role of a judge is like that of a neutral umpire whose job is to call balls and strikes, not pitch or bat.

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Progressive activist groups are pressing Democratic presidential candidates to back proposals for changing the Supreme Court , a move that could draw Pack the Courts , a recently formed group led by San Francisco State University professor Aaron Belkin, is trying to pressure candidates to support

Democrat congressional candidate - and member of the Democratic Socialist Party of America - Alexandria Ocasio-Cortez has come out publicly to Not to say that it hasn’t been attempted in this country…as pointed out in other posts, FDR attempted to pack the court during his tenure in office.

Theoretically, this should be true irrespective of whether a judge was appointed by a Democratic or Republican president.

Unfortunately, however, progressives have long sought to use the courts to score political “home runs” and reshape social policy. This is why they fight so bitterly to stop the confirmation of judges who understand the limitations of judicial power.

In an Orwellian twist of logic, Democrats who today favor court-packing claim that their scheme is necessary to “de-politicize” the court. Of course, what they really mean is that court-packing is necessary to guarantee their desired outcomes on particular issues.

Americans should be leery of such schemes.

Although the Constitution does not dictate the appropriate number of justices, since 1869 the Supreme Court has had nine (eight associate justices plus a chief justice).

When President Franklin Roosevelt attempted to pack the court in 1937, it didn’t go well. The American public strongly opposed the measure. The Senate Judiciary committee called it “a needless, futile and utterly dangerous abandonment of constitutional principle … without precedent or justification.” Ultimately, Roosevelt backed down.

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Sadly, some Democrats today seem not to have learned history’s lesson that court-packing plans undermine the notion of an independent judiciary and (to use a current turn of phrase) threaten to “hack” our democracy by placing the power to make law in the hands of a few unelected elites.

To their credit, Democratic presidential candidates Bernie Sanders, Cory Booker, and Joe Biden recognize that packing the court would set off a judicial arms race in which Republicans would retaliate by adding even more justices — until one day (as Booker puts it) “our grandchildren will ask us: ‘Hey, granddad, why are there 121 people on the Supreme Court?’”

Too bad some of their Democratic colleagues don’t see it that way.

Jennifer Braceras (@J_Braceras) is a senior fellow at the nonprofit Independent Women’s Forum and served on the United States Commission on Civil Rights from 2001-07. She is a 1994 graduate of Harvard Law School.

The views and opinions expressed in this commentary are those of the author and do not reflect the official position of The Daily Caller.

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