Recent reports that Democrats are pushing forward with proposals designed to pack the U.S. Supreme Court with liberal justices have been met with significant opposition across the political landscape, but one prominent pundit suggests that their efforts may actually have a different objective in mind.
Former U.S. Attorney and current Fox News contributor Andy McCarthy suggested that the leftist push to add seats to the high court is reaching a crisis level, with proponents of the plan meaning to intimidate existing members into toeing the progressive line rather than to actually effect structural change to the court’s composition, the Daily Caller reports.
During a Thursday appearance on Fox News’ Outnumbered, McCarthy discussed a bill introduced by a group of Congressional Democrats this week that would expand the court to 13 justices from the current number of nine.
Slamming the measure as a craven power grab, McCarthy added, “it’s obviously because they don’t want Supreme Court balance, they want a situation where they can push the results that they want to push on the country.” He did, however, opine that because the amount of opposition to such a move is simply too great for the legislation to succeed, something else is probably afoot, explaining, “What you heard at the end of that press conference is what this is really all about, which is, much like what FDR did in the 1930s, this is a gun to the Supreme Court’s head.”
Drawing that apt analogy, McCarthy went on to caution that “the dirty little secret about that is the intimidation factor actually got the court to change its jurisprudence and the result of that is that we’ve had about three-quarters of a century of progressive governance.”
Lending credence to McCarthy’s theory about the proposed legislation being little more than “theater with a purpose,” is the fact that House Speaker Nancy Pelosi (D-CA) announced on Thursday that she harbors “no plans” to bring the court-packing bill to the lower chamber floor for a vote, though she did not totally foreclose the concept of increasing the number of seats on the high court, adding that it was “not out of the question,” according to The Hill.
Instead, Pelosi threw her support behind the commission announced by the Biden administration earlier this week, a panel the stated purpose of which is to “provide an analysis of the principal arguments in the contemporary public debate for and against Supreme Court reform,” including topics such as “…the length of service and turnover of justices on the Court; the membership and size of the Court; and the Court’s case selection, rules, and practices.”
Similarly, the White House quashed on Thursday any notion that it would back the House court-packing bill, with press secretary Jen Psaki telling reporters that the commission “is going to come back to the president with a report on what their discussions are and what their findings are, so he’s gonna wait for that to play out and wait to read that report,” as the Daily Caller noted separately.
Even if the left fails in attempts to pack the court with a slate of new liberal justices, McCarthy’s words of warning are well-taken in that they reinforce the need for redoubled commitment to the importance of an independent judiciary and of mounting strong resistance to the intimidation tactics that remain the Democrats’ stock in trade.