Sen. Mike Lee (R-UT) said Monday on Fox News’ America’s Newsroom that adding justices to the Supreme Court from one political party, commonly called “court-packing,” would “reverse a central feature” of the Constitution and eliminate what makes the American system unique.
Lee’s comments, Fox News reported, came in response to an interview Chris Wallace conducted with Justice Stephen Breyer on Sunday, during which Breyer said he did not favor court-packing but might be able to support term limits for justices.
“I agree strongly with Justice Breyer,” Lee said. “He is absolutely right, and for that matter, I agree with what then-Senator Biden said many decades ago when referring to FDR’s plan to pack the Supreme Court of the United States as a boneheaded idea.”
Most Democrats who once opposed court-packing like President Joe Biden changed their minds after former President Donald Trump appointed three conservative justices to the court and made its majority firmly conservative for what could be years, or decades, to come.
Lib justices against it
If not for a few moderate Democrat holdouts like Sen. Joe Manchin (D-WV), the Democrats might have already moved to pack the court with members of their own party to gain an advantage in future Supreme Court rulings.
But even the liberal Supreme Court justices have, for the most part, opposed court-packing, including Breyer’s recent comments and those made by the late Justice Ruth Bader Ginsburg before her death, as Fox News previously reported.
Lee referred to Ginsburg’s comments on Fox, arguing the court needs to be “insulated” from politics in its decision-making.
“I agree with the late Ruth Bader Ginsburg, who was a Supreme Court justice, who said that it would also be a terrible move,” Lee said. “Look, there’s good reason why we insulate the federal court system, which, despite its faults, is, I believe, the best of its kind anywhere in the world; Because we insulate it from political decision making, with the exception of the process by which we choose and confirm them. Once they’re in place, they’re insulated. They serve presumptive lifetime terms.”
“Change the political outcome”
He then concluded, “But when you move to change the composition of the court, not because there aren’t enough personnel to handle the job, but in order to change the political outcome of decisions they make, you’re reversing that central feature in the Constitution that makes our court system unique and very valuable.”
From Lee’s comments, one doesn’t need to hold a law degree to realize that court-packing is nothing more than an attempt to cheat the system.
It’s why Republicans never even considered it, and tells you everything you need to know about the vast majority of Democrats and their level of integrity at the moment, as they’re seemingly hanging their political future on the idea.
Under the leadership of Biden and Democrats — if one can even call it that — the entire system is under threat, and court-packing could be the change that topples everything.