Democrats’ Latest Attack on the Constitutional Order: Biden’s Court-Packing Scheme

Arguing against the Democrats’ Supreme Court “reform” proposal is challenging, as it is widely seen as a strategic move to undermine the court and the Constitution.

Consider this: Would Democrats still support the president’s court-packing plan if they thought Republicans would gain control of both Houses and the presidency? Unlikely. It seems to be a partisan game all the way down.

This proposal is, in fact, a court-packing scheme, and one that is considered unconstitutional.

It appears that the term “court packing” may not have tested well with the public, leading Joe Biden, or whoever is currently in charge at the White House, to approve a more subtle approach.

Implementing an 18-year term limit for justices conveniently shifts the balance from a 6-3 originalist majority to a 6-3 “living and breathing document” majority, which could result in the reversal of recent decisions and the approval of federal abuses.

Even if the chances of the reform package passing are slim, the real issue is the normalization of the idea that the Supreme Court lacks legitimacy and is corrupt if it doesn’t align with partisan interests.

The entire argument against the court is based on the belief that it fails to conform to the political agenda of the Democrats, rather than any legal reasoning.

Essentially, the left seems unconcerned with legal neutrality or the law itself, adopting a consequentialist approach with no fixed principles.

Kamala Harris argues that packing the Supreme Court is necessary due to a supposed “crisis of confidence” facing the institution, a crisis that has largely been manufactured over the years through attacks on the court.

Opinion polls suggest that a significant portion of Americans have confidence in the Supreme Court, despite attempts to undermine its credibility. In contrast, Congress, with its low approval ratings, faces no such calls for reform.

Justices are already subject to a code of judicial conduct, and there is no evidence of unethical behavior benefiting third parties or personal gain while on the bench.

If anything, the push to delegitimize the court seems to be driven by Democrats themselves, who set aside ethical standards when it suits their agenda.

Considering their own ethical lapses, perhaps it is Congress that should be subject to stricter oversight by the Supreme Court.

The Democrats’ plan to pack the Supreme Court is an attack on the constitutional order, aiming to undermine the last functioning institution in Washington, D.C.

David Harsanyi is a senior editor at the Federalist. Twitter @davidharsanyi