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Dems’ court-packing threats may be backfiring
American Thinker.com ^ | June 2, 2021 | Thomas Lifson

Posted on 06/02/2021 3:30:10 AM PDT by Kaslin

Jonathan Turley, one of the last honest and principled liberals in the public arena, suggests that the Democrats’ threats to bully the justices are backfiring, and that the Court is sending strong warning signals to them. In a post to his own website yesterday, the George Washington University law professor wrote:

Chief Justice John Roberts and his colleagues seem to be sending a message that the Court is not so rigidly ideological as Democratic members and activists suggest.

He believes that a series of unanimous court decisions as the current term ends “seem[s] to be sending a message that the Court is not so rigidly ideological as Democratic members and activists suggest.”

This is an extraordinary litany of unanimous decisions and could in part reflect an implied message from the justices that this is a court that is not nearly as rigid and divided as suggested by Democratic members and activists

Turley does not say so, but there may be an implied threat by some of the liberal justices to vote with the conservatives if the Dems actually succeed in packing the court. In my view, they could do this out of loyalty to the institution of the SCOTUS (an institution to which they have devoted their lives, after all) now that its independence as a separate and equal branch of government is under threat.

The threats to pack the court are political thuggery, a term Turley does not use, but which I think is appropriate. In another post a day earlier, Turley cited the intimidation attempts of Senator Richard Blumenthal (D-stolen valor):


(Excerpt) Read more at americanthinker.com ...


TOPICS: Politics; Society
KEYWORDS:

1 posted on 06/02/2021 3:30:10 AM PDT by Kaslin
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To: Kaslin

Yeah but which side was caving in those decisions


2 posted on 06/02/2021 3:32:46 AM PDT by RummyChick (To President Trump: https://freerepublic.com/focus/f-chat/3923111/posts)
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To: Kaslin

Constitutionality of Court packing is in the jurisdiction of the Court. I’ve said so from the beginning.


3 posted on 06/02/2021 3:33:33 AM PDT by anton
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To: Kaslin

The Leftist Justices are activists for the Socialist cause and are all for political thuggery.


4 posted on 06/02/2021 3:41:56 AM PDT by UnwashedPeasant (Trump is the last legally elected U.S. President.)
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To: Kaslin

Roberts, as usual, is full of it. Liberals never change their stripes on Federal appellate courts. Republicans do. Roberts cannot name one Federal appellate circuit in the nation that
has a Dem appointed majority that has switched to a conservative strict constructionist approach simply because there is none. Those three liberal Dem douches on the Supreme Court now will never side with the Republicans on important marquee Dem political issues, regardless whether the court is packed or not.


5 posted on 06/02/2021 4:05:24 AM PDT by chuckee
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To: Kaslin

“Outsiders will never understand what it is like to be a member of the Court, but my guess is that as they work in their imposing Greek Temple, they develop a strong mutual identity as part of an institution that is fundamental to the welfare of the Republic, an identity that far transcends any political issues of the day...So maybe we should thank AOC for blundering into the one issue that could unite the Court against the progs and change some votes against them.”

Wrong. What alternative wishful thinking universe does Turley live in?


6 posted on 06/02/2021 4:11:11 AM PDT by chuckee
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To: RummyChick
-- Yeah but which side was caving in those decisions --

Yep. "You don't need to pack the court to get your way."

Same thing happened back in the day with FDR and The New Deal. what was ruled unconstitutional one day magically became constitutional after the court packing threat was floated.

Pundits gotta punt.

7 posted on 06/02/2021 4:14:09 AM PDT by Cboldt
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To: chuckee
-- What alternative wishful thinking universe does Turley live in? --

I think it's called Ivory Tower.

He's auditioning for an appointment to a federal court. Always auditioning.

8 posted on 06/02/2021 4:16:03 AM PDT by Cboldt
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To: Kaslin

Deep State now controls SCOTUS.

The SCOTUS’ll throw a few bones to folks still loyal to our former republic as a distraction.

But those justices have those seats for life.

Say we restore integrity to our election process, give Deep State the heave ho, and restore the republic...

What in God’s name do we do about the SCOTUS?


9 posted on 06/02/2021 4:21:51 AM PDT by mewzilla (Those aren't masks. They're muzzles. )
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To: Kaslin

I think this may be seeing a pattern where none exists.

There have been five unanimous decisions handed down by the Court since its most recent non-unanimous decision. (A 6-3 decision holding that its recent decision on jury unanimity was not retroactive and overruling part of Teague v. Lane. This one had an extremely caustic dissent from Kagan. Not very united...)

That may seem like a lot, but roughly 1/3 of SCOTUS decisions in the modern era are unanimous. There are a lot of issues that come before the Court that aren’t ideological. So, most likely, a clump of those issues happened to be on the calendar at roughly the same time.

Now, all that having been said, I’m sure Roberts is trying to get what he perceives as weaker justices like Kavanaugh to join him in making “moderate” decisions rather than strong ones. I worry about the abortion case next term because of that. But I don’t think that’s what is at play here.


10 posted on 06/02/2021 4:41:34 AM PDT by Stravinsky
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To: mewzilla

You are correct. Dems control the courts now and win nearly all the big issues. Going full radical and waking up the sleeping suburbs is the last thing they want to do now. The court packing nonsense was always GOTV red meat for both sides.


11 posted on 06/02/2021 4:44:11 AM PDT by lodi90
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To: lodi90

I don’t think it’s nonsense.

But unnecessary at this point.

Deep State might put it back on front burner should the need arise.

Who will stop them?


12 posted on 06/02/2021 4:46:02 AM PDT by mewzilla (Those aren't masks. They're muzzles. )
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To: mewzilla

The point is why do it? Dems are winning. They know it. Look at the formerly solid red states that are now blue. Look at what the battleground states are now. Time is not on our side.


13 posted on 06/02/2021 4:55:05 AM PDT by lodi90
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To: lodi90

Deep State is winning.

If you think that just the Dems have been co-opted, you’re in for a rude awakening.

In any case, dictatorships are paranoid.

If Deep State’s paranoia gets worse, they’ll pack the court.


14 posted on 06/02/2021 4:57:47 AM PDT by mewzilla (Those aren't masks. They're muzzles. )
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