As the liberal justices grow older and as the conservative majority decides an increased number of controversial cases, the Supreme Court is feeling more pressure from the Left. The Justice feeling it the most is Justice Stephen Breyer. Despite Justice Breyer generally championing the viewpoints of the Left, many are pressuring him to retire so the President can nominate a younger justice to replace him.Read more
If you listened to the most recent meeting of President Biden’s Commission on the Supreme Court and knew nothing prior, the liberal “scholars” would have you convinced that the Supreme Court is hated by all Americans. The reality is that the Judicial Branch is the most popular branch of the United State Government. The real purpose of Biden's Judicial Commission is to undermine the judiciary's popularity and to further intimidate the current Supreme Court. As Dan McLaughlin writes in National Review Online:
The Court-packing debate has cooled off for a while since prominent Democrats introduced legislation in April to pack the Court with new justices for nakedly partisan and ideological purposes. Democrats are happy to move the question offstage. Court-packing is a massively unpopular and dangerous proposal, just as it was in 1937. At the moment, Democrats don’t have the votes in the Senate to break a filibuster, and they do not appear to have 50 votes for passage, either. But they have not abandoned the implied threat that they might bring it back if they get a bigger Senate majority or if the Supreme Court does something they dislike enough.Read more
Many Americans may have heard about how President Franklin Roosevelt’s proposed court-packing scheme failed in the 1930s. During Roosevelt’s first term, the Supreme Court struck down several laws enacted to address the Great Depression because they exceeded Congress’ power.Read more
On Tuesday, the Presidential Commission on the Supreme Court of the United States held its third meeting and 2nd round of hearings since being formed by President Joe Biden earlier this year. The meeting consisted of 6 panels of experts that commissioners questioned about various proposals for changes to the Court. This one was much more partisan then the first two with progressive panelists making outrageous claims. However, Harvard Professor Stephen Sachs summed up the commission well:
The public will see through efforts to recast court-packing as “court expansion,” jurisdiction-stripping as “jurisdiction channeling,” and so on. It will see through efforts to pursue short-term partisan payback under the guise of long-term reform. And because legitimacy is a two-way street, reforms that are not perceived by both sides as enhancing the courts’ legitimacy will never succeed in doing so.Read more
Thursday's decisions by the Supreme Court were a major defeat for certain Democrat politicians and liberal activists. Yes, Obamacare was preserved in a 7-2 decision, and in another 9-0 decision, religious liberty was preserved. But liberal court packing activists lost yesterday. As the Committee for Justice wrote:
Consider the contrast between reality and Democrats' exaggerated predictions and fear mongering. Last fall, during the Senate Judiciary Committee hearing for Amy Coney Barrett, Democratic senator after Democratic senator told stories of constituents who would suffer, if not die, were Barrett confirmed. She would provide the fifth "far right" vote for striking down the Affordable Care Act, they said, some of them implying that Barrett had promised President Trump to strike down the ACA in return for her nomination. . . .
Amy Coney Barrett was confirmed, but so much for closely divided far right decisions and constituents robbed of health insurance by a nefarious deal between Barrett and Trump. Instead, what we got today was a 7-2 rejection of the challenge to the ACA with Barrett in the majority, a unanimous and narrow decision protecting religious objections to same-sex marriage, and an overall picture of a moderate Court which will sometimes disappoint liberals, sometimes disappoint conservatives, and often the split the baby.Read more
On Monday, the U.S. Supreme Court handed down a decision in Terry v. United States. The holding is not particularly novel. The Court upheld Terry's sentence for a drug offense because recent changes to mandatory minimum sentencing did not apply to the offense he was convicted of. As Ed Whelan explained in the National Review, this decision is an embarrassment for the Biden Solicitor General because the DOJ decided not to defend the lower court's decision at the last minute.Read more
The true colors of President Biden, who refused to say where he stood on court-packing during campaign season, are beginning to shine through with the rollout of the administration's new Commission of Supreme Court Reform. What exactly will the commission do? While the answer isn't entirely clear, it's another signal that Democrats are setting the stage to expand the Supreme Court by all means necessary.Read more
In a 5-3 decision, the U.S. Supreme Court declined to reinstate the Wisconsin absentee ballot deadline extension ordered by a lower court earlier this year and kept the deadline established by Wisconsin law in place. As a result, absentee ballots must be received by election day to be counted. This is another victory for the integrity of November's election.Read more
President Trump has laid out in detail his potential nominees to the Supreme Court. Later this week he will formally nominate a new Supreme Court Justice. Meanwhile, Democrat presidential nominee Joe Biden refuses to announce his list despite an earlier promise to do so.
Democratic presidential nominee Joe Biden on Sunday said he won’t release his list of prospective Supreme Court nominees until he is elected, giving off a set of reasons he believes “could influence that person’s decision” ahead of the November election despite pressure from both sides him to do so. . . .
However, Biden pledged in June to release his list of potential Supreme Court nominees, telling reporters that his campaign is “putting together a list of a group of African American women who are qualified and have the experience.” He added that the list wouldn’t release until each nominees are vetted but declined to give a timeline of when the list would be revealed.
The liberal group Demand Justice released its own shortlist of 17 Black women it says would make ideal justices, calling on Biden to follow Trump’s lead in releasing a list.Read more
To follow up on yesterday, we thought we would break down some details of President Trump’s new list of judges. President Trump released his list because voters deserve a clear understanding of a candidate’s vision of the direction of the Supreme Court. Vice President Biden needs to explain what kind of judges he would select, for as President Trump stated: “Unfortunately, there is a growing radical-left movement that rejects the principle of equal treatment under law. If this extreme movement is granted a majority on the Supreme Court, it will fundamentally transform America without a single vote of Congress.”
Briefly on the new list. It includes three Senators, Tom Cotton, Ted Cruz and Josh Hawley, who are very well known and leading conservatives. Instead let’s first focus on the current judges on the list:Read more