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Losing the People? Then Change the Rules
Townhall.com ^ | May 5, 2022 | Victor Davis Hanson

Posted on 05/05/2022 3:33:51 AM PDT by Kaslin

Court-packing - the attempt to enlarge the size of the Supreme Court for short-term political purposes - used to be a dirty word in the history of American jurisprudence.

The tradition of a nine-person Supreme Court is now 153 years old. The last attempt to expand it for political gain was President Franklin Roosevelt's failed effort in 1937. FDR's gambit was so blatantly political that even his overwhelming Democratic majority in Congress rebuffed him.

Yet now "court packing" is a law school cause celebre. It is hailed as a supposedly quick fix to reverse the current 5-4 conservative majority.

Recently, a rough draft of an opinion purportedly overturning the Roe v. Wade decision that had legalized abortion in all 50 states was leaked to the media by someone inside the court.

That insider leak of a draft opinion was a first in the modern history of the Supreme Court. It violated all court protocols. Yet it was met with stunning approval from the American Left.

The leaker either intended to create a preemptive public backlash against the purported court majority in the hope that one or two justices might cave and switch under pressure - or to gin up the progressive base to fend off a likely disaster in the November midterm elections.

The recent leak, however, is consistent with a left-wing assault on the Court that has intensified over the last five years. Democrats have gone ballistic ever since former presidents George W. Bush and especially Donald Trump's appointees solidified a conservative majority.

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


TOPICS: Culture/Society; Editorial; Government
KEYWORDS: chuckieschumer; courtpacking; supremecourt

1 posted on 05/05/2022 3:33:51 AM PDT by Kaslin
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To: Kaslin

These people are always talking about “threats to our democracy” and they seek to counter these by just changing all of our rules and institutions so that they can ride roughshod over the clear will of the people.

The irony, of course, is that we are a republic and the Rule of Law is supposed to be more important than the voice of the mob. The Democrats toss aside the Rule of Law, and they toss aside the will of the people as well — because the Democrats want an oligarchy and the Rule of Men. And they call that democracy.


2 posted on 05/05/2022 3:51:44 AM PDT by ClearCase_guy (It's hard to "Believe all women" when judges say "I don't know what a woman is".)
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To: Kaslin

Deep State doesn’t need to pack the court.

It controls SCOTUS.

Why is Townhall pretending we still have a republic?


3 posted on 05/05/2022 3:56:15 AM PDT by mewzilla (We need to repeal RCV wherever it's in use and go back to dumb voting machines.)
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To: Kaslin

“...the current 5-4 conservative majority...”

So Hanson agrees that Chief Maggot Roberts is not a conservative. I would also throw in Kavanaugh and Barrett.

The make-up of the court is:
4 flaming communist
3 reliable conservative constitutionalist
2 milquetoast, finger-in-the-air opportunist


4 posted on 05/05/2022 4:00:49 AM PDT by Flavious_Maximus (Fauci is a murderer)
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To: Flavious_Maximus
"I would also throw in Kavanaugh and Barrett."

Then you don't know what you are talking about.

5 posted on 05/05/2022 4:05:08 AM PDT by jpsb
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To: mewzilla

I did not realize that Townhall.com wrote the op-ed, I thought Victor Davis Hanson was the author. I better look closely the next time. If it says Townhall.com is the author I will acknowledge it. If it doesn’t I wont.


6 posted on 05/05/2022 4:05:35 AM PDT by Kaslin
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To: ClearCase_guy

Not just the Dems.

The only reason political parties still exist is to give voters the illusion of choice.

The letter after the name means jack anymore.

A pol is either loyal to our former republic or to Deep State.

The vast majority of our pols are Deep State.


7 posted on 05/05/2022 4:08:13 AM PDT by mewzilla (We need to repeal RCV wherever it's in use and go back to dumb voting machines.)
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To: Kaslin

Townhall published it.


8 posted on 05/05/2022 4:08:28 AM PDT by mewzilla (We need to repeal RCV wherever it's in use and go back to dumb voting machines.)
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To: Kaslin

And the last time I checked, the publisher call the shots on what gets published.


9 posted on 05/05/2022 4:09:00 AM PDT by mewzilla (We need to repeal RCV wherever it's in use and go back to dumb voting machines.)
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To: mewzilla

...calls the shots...


10 posted on 05/05/2022 4:09:41 AM PDT by mewzilla (We need to repeal RCV wherever it's in use and go back to dumb voting machines.)
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To: Kaslin

Collins, Murkowski, etc., would outnumber Manchin and a Dem or two in a tight race, were they to decide they needed to drop the filibuster and do some serious damage by the end of this term.


11 posted on 05/05/2022 4:12:22 AM PDT by 9YearLurker
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To: Kaslin
If we are supposed to think of Roe v. Wade as untouchable precedent after only 49 years, then why isn't the 153 year history of a nine member Supreme Court also untouchable precedent?

-PJ

12 posted on 05/05/2022 4:19:41 AM PDT by Political Junkie Too ( * LAAP = Left-wing Activist Agitprop Press (formerly known as the MSM))
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To: Kaslin

BTTT


13 posted on 05/05/2022 4:48:40 AM PDT by nopardons
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To: Kaslin

Imagine the outrage if Trump even hinted at court packing.

However, now that Biden has opened the door, let’s hold him off until November. A red wave should reset congress and stop packing until 2024.

In 2025 we load the court with 12 more justices from the right.

I want to see Ted Nugent wearing a black robe.


14 posted on 05/05/2022 4:55:24 AM PDT by AlbertWang
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To: Political Junkie Too

“...why isn’t the 153 year history of a nine member Supreme Court also untouchable precedent?”

It isn’t untouchable. Since and including FDR, precedence is overturned to advance demonikrap-leftist power. FDR wanted to pack the court b/c to that point in time the justices kept rejecting his socialist legal maneuvers. His public reasons included that the court needed more justices to help with the case load. That was a lie as there was no backlog. The GOP, some conservative democrats and some major newspapers called him out on the lie. His party leaders then would not support it and got it out of the news as soon as possible to keep Saint Franklin’s image holy. In the end FDR got what he needed as the Supreme Court was bullied indirectly through threat of expansion and the court started to render decisions in FDR’s of his socialist policies. (That precedence led to other precedeence that has moved the US so far away from its Constitution, our Founders would not recognize the country they started.)

Obozo publicly bullied the Supreme Court with veiled threats when it was considering the legality of obozocare. It worked when Roberts turned his coat. This latest insider leak was intentionally done for political purposes to maintain if not advance the left’s power. The person that did it is not a lone wolf ... probably was in contact with demonikrap party operatives. We will never know the name of this person - like traitor scum*** Vindeman’s whistleblower - and it could be one of the leftist justices .... like Sodahead. The asymmetry in how our country operates, how rules are applied , who is prosecuted, who is praised and who is torn down etc. is quite significant, tyrannical.


15 posted on 05/05/2022 4:59:27 AM PDT by Susquehanna Patriot
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To: Susquehanna Patriot

Make it 7 justices.Problem solved.


16 posted on 05/05/2022 6:18:52 AM PDT by DIRTYSECRET
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To: DIRTYSECRET

There’s more. With a solid GOP majority find a SCOTUS candidate that would agree to serve only ONE YEAR. Start the process over every summer. Rub it in. My one year candidates: Judges Judy and Jeanine. Heh heh.


17 posted on 05/05/2022 6:21:24 AM PDT by DIRTYSECRET
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To: Kaslin

The Left gets hysterical about the SCOTUS because that is the only way they’ve been able to enact their agenda over the last 50 years. It certainly hasn’t been through the ballot box.

They failed to push through unilateral disarmament during the Cold War.

Gun Control has been steadily losing ground first with Shall Issue concealed carry becoming the norm and now with Constitutional Carry rapidly becoming the norm.

Abortion has slowly lost ground with the voters since the 80s to the point that most Americans favor placing significant restrictions on it like requiring parental consent for minors, banning it after the first trimester, requiring consultation and a waiting period, etc.

They’ve failed to get any significant Gaia worship legislation passed.

Obamacare is about it and large portions of that have been stripped out.

They cannot muster a majority for hardly any of their priorities. If its not imposed by undemocratic judicial fiat, they can’t get it at all.


18 posted on 05/05/2022 7:28:35 AM PDT by FLT-bird
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To: Susquehanna Patriot
As they say, the proof of the pudding is in the eating.

FDR tried, but failed, and nobody has tried again since.

The 153 year tradition stands for more than half the life of the Constitution itself.

-PJ

19 posted on 05/05/2022 8:35:35 AM PDT by Political Junkie Too ( * LAAP = Left-wing Activist Agitprop Press (formerly known as the MSM))
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