Election 2020 / Election Coverage / Opinion / Politics

Biden’s Court Packing – Anti-Constitutional, Anti-American

court Few issues are as serious as corrupting the spirit of the US Constitution.  Few ways of doing that are as pernicious as politicizing the Supreme Court.  Yet that is what, apparently, Joe Biden plans to do.  Every American should understand this – and six implications.  Understanding them could turn the election.

First, our Founders created three co-equal branches, a legislative, executive, and judicial.  While related, they were independent, assuring each stayed accountable to the people, no one party in charge, so dictatorship not possible.  This preserved individual liberties, for which they had fought a war.

Independence of the judiciary was imperative.  Only by keeping that branch above politics – for example, with life tenure – could it fairly adjudicate constitutionality with fidelity to founding principles.  If politicized, the process was tainted, tipped, “fixed” in ways that undermined the balance of power.

That is why those who founded our country made clear fundamental rights were God-given, not man-made; independence prevented one branch from corrupting another; and separation of powers mattered.  In truth, they distrusted political parties.

Said Alexander Hamilton, military aide to Washington and first Treasury Secretary, political parties might be “the most fatal disease,” as a “faction” (or party) could grab power and undermine the union.

The judicial branch especially must be free from factional domination.  James Madison affirmed in the Federalist Papers, America’s “union” checked “the violence of faction,” that is, checked political parties.

Interestingly, Hamilton and Jefferson had opposing views of federal power – Hamilton less fearful, Jefferson more.  Still, both served in Washington’s cabinet; faction fell to union. While they founded political parties, neither believed party came before nation, and neither wanted the Judiciary political.

Second, judicial philosophy is different from political philosophy, or should be.  The Founders thought the two were different.  Today, people talk of a conservative bench, misunderstanding that a judicial conservative is not necessarily a political conservative, although most political conservatives tend to revere history, tradition, and written laws, so tend to be judicial conservatives.

Moreover, for most of our history, “judicial activism” did not exist.  Judges tried to apply written laws – statutes, prior holdings, and the Constitution’s words – to facts, period. They were not political.

Of course, that changed last century, explosively 83 years ago, when FDR tried to “pack” the Supreme Court, that is add justices to force favorable political rulings on his New Deal legislation.

This raises a third point.  Not only did our Founders insist the Judiciary be independent – to protect minorities and states’ rights – and assume judicial textualism, they never imagined a President and Congress trying to intimidate the American public by taking over the Judiciary.

But shockingly, that is what Biden and Harris aim to do.  They favor “packing” the Supreme Court.  They refuse to disavow that plan. This week, Biden even said American voters do not “deserve” to know if he will “pack” the Court, until “day after the election.”  Strong words and rather weird, those.

Obviously, the idea is to animate the Democrat base, undermine Trump’s choice for the High Court, a Catholic woman named Amy Coney Barret, and make abortion a centerpiece of the 2020 vote, since the Court may review Roe v. Wade, which constitutionalized abortion.  Packing is still anti-American.

Fourth, Biden and Harris are way out of their depth.  Packing the Supreme Court would fly in the face of the past 150 years of history, during which nine justices sat. The court-packing plan would disown our Founders and offend the spirit of the Constitution, ending independence, politicizing the High Bench.

Damage done would incalculable.  The integrity of judicial process, respect for justices and judges, legitimacy of decisions (especially split decisions) from the Court, and downstream effects on law and order, civic institutions, balance of power, and democratic process would be enormous.

Somehow, the anti-constitutional duo does not understand the damage they embrace.  Our Republic is fragile.  Stability depends on honor and respect – especially for our Judiciary and Supreme Court.  If a President disrespects the High Court, let alone injects politics, the outcome swallows any original aim.

Fifth, Biden and Harris are ignorant of history.  Eighty-three years ago, FDR thought he was smarter than most.  He would whip judicial conservatives, those dared place the Constitution above socialist New Deal legislation – by adding six justices to the Court.  That was a huge mistake.

Sobering fact:  In 12 years of governing, after four elections (no longer allowed), FDR never made a bigger mistake than trying to “pack” the Supreme Court.  When all was done, America rebuked him for the trick.  He never lived it down.  He delayed entry into WWII fearing the court-packing blunder would cause Congress to cross him.  The idea – which seemed clever at the start – nearly ended his career.

So, Biden and Harris are playing with fire. The Founders – and Americans – respect separation of powers. Most would despise a leader who disrespected the Constitution and politicized the Court.  Instantly, decisions of the Court would be cheapened, credibility diluted, outcomes contested.  The blowback would be swift.  Students of history know this.  Apparently, none populate Biden’s team.

Finally, Biden-Harris – imagining they can strong-arm a Supreme Court into submission – obviously do not respect the Court, separation of powers, rule of law, or Constitution.  Perhaps this is not surprising, as Biden has not practiced law in 50 years, only practiced one year, graduated ninth from bottom, was credibly accused of plagiarism.  Harris is not much better, controversies swirling about her legal career.

Bottom line: This idea of packing the Supreme Court is anathema to American democracy, anti-constitutional, anti-American.  No serious jurist thinks this a sound idea.  Ruth Bader Ginsburg, arch liberal – if friend of Antonin Scalia – disavowed it.  Court-packing is an abomination.  Biden-Harris – by entertaining it – disrespect our Constitution.  Their disrespect should turn the election.

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1 month ago

The proof is in the statement that the American people do not have the right to know a candidates position on such a critcal attack on their freedom!
How can anyone vote for Biden- harris when they are so dishonest and so anti American!!!
Wake up People they are coming for your freedom and everything else you have.

Vilas Gamble
1 month ago

JFK in his inaugural speech said, ” if anyone who seeks power by riding the back of the tiger will end up inside”. America, wake up! Vote as if your freedoms depend on it,,,,, because it does!

Linda K
1 month ago

What difference does it make if Biden says he won’t pack the Supreme Court? Liberals lie through their teeth – always. Tell people what they want to hear to get elected and then do what they want when they do. How stupid and gullible does someone have to be to believe them?

Martha McDonald
1 month ago

This is disgusting and totally what I have grown to expect from the Democrats. It is sad they have stooped this low. May God be with our President, and ACB. In Jesus Name Amen

Glenn Lego
1 month ago

Instead of court packing, Biden should get on with bag-packing, as in packing his bags for a one way trip out of Washington DC.

1 month ago

My fear is that such a radical, naked power grab might cause armed uprisings in parts of the country. It could cause chaos like we have never seen since the Civil War. While there will never be a full blown civil war in our country, pockets of resistance could wreck the economy AND the Dims would use it to take away liberties from all of us?

Stephen Russell
1 month ago

ALL Dems want is for Power & politics, see lockdowns & masks ( see CA & NY)
& FDR tried but Dems then said No.

1 month ago

The only things you can trust Progressively Communist Democrats to do is to lie and cheat! … That sums them up best.

David Spade
1 month ago

No students of history are on the Biden team. For Biden/Harris, it is all about power. The either cannot or will not answer questions about their support of packing the Supreme Court. The recent news showed Biden saying that he was running for the Senate….no he is running for President. He has failed again today as he failed for the previous 47 years. He cannot speak to any issue due to failing mental health.

Patriot Will
1 month ago

By Biden and Harris wanting to pack the judiciary, we, the people, know, with certainty, that these two scoundrels have no respect for a constitutional republic, such as the United States of America. This alone disqualifies both of them from ever holding the positions that they are running for. Add in the fact that they are both hardened narcissists who create their own realities, and we, the people, should be shunning them — it becomes very evident that most of the media are totally feckless.

Robert Hellam
1 month ago

Unfortunately, the Constitution does not specify the number of Justices on the Supreme Court. To limit the number to 9 would require a Constitutional amendment.

aluminum head
1 month ago

The ( D ) communists will say ANYTHING to get voted in and flip in the next minute. I like how it was pointed out ( in the debate ) that his POS son was kicked out of the Navy for cocaine use. Then the SOB looks you right in the eye and says THAT is a lie. Biden voters are hypnotized ZOMBIES.

1 month ago

Harris is on record for her “History Lesson” she said Lincoln chose not to nominate a replacement in the 27 days before he election. She either did not know or chose to forget the senate was not available. When the senate was in session, Lincoln nominated Chase and he was immediately confirmed. We have to keep believing there are enough Americans to keep Civics and Politics separate and continue a traditional government which has served us so well

Arizona Don
1 month ago

Not withstanding the fact democrats, now seem to be communists, and packing the court is inevitable if Biden and Harris manage somehow to win the coming election. However, there is a huge difference between democrat and republican nominees. By the way that is why they will not say what their plans are on that subject.   The difference between democrat and republican appointments to the supreme court is republicans tend to nominate people who will interpret the law not try to make the law. Which is good for all Americans. Democrats on the other hand are looking for people who will shape the law to… Read more »

RJ from Arizona
1 month ago


1 month ago

Biden & Harris do not deserve votes , if they will not answer this simple question with a Yes or No . Evading the question is not very professional & considerate to American voters. Wait until after election & I will let you know is not an answer.

Matthew Gabor
1 month ago

The DemonRats refusing to answer about stacking The Supreme Court reminds me of when they wanted Republicans to vote for Obamacare without letting them see what they were voting for! I watched as Speaker Nancy said ” Vote for it and we will let you look at it” On another note any AMAC Members watch 60 Minutes last Sunday? I was amazed to watch Republican members of The Lincoln Project denounce President Trump and advocate for voting DemonRat! If they do not like our Presidents leadership style is it one thing but to accept money from the DemonRat Party to… Read more »

John A. Fallon
1 month ago

WE THE PEOPLE are the government, socialist/dems ignore that fact, WE THE PEOPLE need to re-assert our power to self rule by FIRING THESE incompatent self serving morons who have not done thier jobs in decades, if I ever performed my job as poorly as politicians I would not be employed for long, WE THE PEOPLE have the power of term limits it is called a VOTE, we need to watch how they perform and retain or replace with someone that will SERVE the people, which is all they are supposed to do. WE ARE RESPONSIBLE FOR WHAT IS GOING… Read more »

Art A
1 month ago

If Kamala and Joe are successful and they also win the Senate, let us travel into the future once “packing/stacking” has been implemented. Just imagine a country where this process is repeated by those who win the majority. They get to add whomever they wish! How many Supreme Court Justices could there be? There could be an entire group of appointed robes larger than the 104 Senators. Get it?

1 month ago

Thanks for a great explanation & history of Supreme Court. For 150-years, nine justices have worked out & so why change it. Neither party should control the Supreme Court decisions & also both parties should quit complaining/bashing decisions they do not agree with. The Judicial Branch should be neutral & support all American citizens. But every President wants to put his picks on the court, why??

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