Even when Democrats are seemingly playing by the rules, it usually involves some manipulation of the system. The most egregious is their flirtation with court-packing — and at least one author thinks it’s only a matter of time before they try it.
A Texas law that restricts abortion has reignited the vigor for Democrats to push to add more justices to the U.S. Supreme Court, according to Jazz Shaw at the Hot Air blog. The left was apoplectic when the high court refused to stop the law’s implementation in a 5-4 decision.
Shaw contended in a piece titled “Court-packing is back in vogue” that in order to add more justices to tip the court back in liberals’ favor, Democrats would first have to successfully kill the filibuster. That would be unlikely since the Senate is split 50-50 and some Democrats have vowed to protect the measure.
Still, Shaw made the case that the so-called “Heartbeat Act” in Texas has given Democrats just the edge they need to overcome President Joe Biden’s increasing unpopularity. Even if it withstands other legal challenges — which Shaw argues are inevitable — it has given Democrats something to coalesce around.
“What we’re seeing here is another of the negative, downstream effects of the Texas abortion law,” he wrote. “I’m hardly the first to point this out, but Texas Republicans probably threw a lifeline to Joe Biden and the Democrats by passing that bill.”
The author pointed out that if the Democrats are able to kill the filibuster and pack the court, it would mean that whoever is in power could simply add more justices to tip the court in their favor in a perpetual swing depending on who is in power. “What most of the Democrats seem to be either unaware of or purposely ignoring are the long-term effects that their court-packing scheme would almost certainly produce,” Shaw wrote.
“Wouldn’t it be preferable to simply make a better, more convincing argument in favor of your policies and expand your control of the legislative branch to the point where the minority can’t block your agenda?” he later pointed out. “It’s been done before and without any extreme measures such as court-packing or driving the filibuster to extinction.”
While it would be procedurally permissible under the right circumstances, packing the court doesn’t seem to be in the spirit of the framers’ vision for how the check and balances would work. If Democrats get their way, the court will be corrupted and abused — just like everything else they get their hands on.