Liberal Law Prof Says Joe Biden And Democrats Would Destroy Supreme Court By Packing It

Joe Biden and Kamala Harris have refused to say whether or not they would pack the Supreme Court. Their refusal to answer seems to indicate that they would do it if they could.

Many people from both parties have said this would be a terrible idea.

Liberal law professor Jonathan Turley of George Washington University says it would destroy the Supreme Court.

From his blog:

The refusal of Vice President Joe Biden to answer repeated questions about his position on the packing of the Supreme Court is deeply troubling. This is a proposal raised not by the Republicans but his own running mate Kamala Harris and leading Democrats.

It would destroy the Supreme Court and voters should know if Biden would consider such an irresponsible act, particularly when he previously denounced it. The refusal to stand against the proposal is a fundamental failure of leadership.

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Rather than confront the most extreme elements of his party, Biden has chosen to remain silent on a major issue in this election. Frankly, that is not the Biden that many of us knew from his time in the Senate. He should take a stand against this pernicious idea and defend the institution, as he did in 2019.

Those arguing for proposal are not subtle. University of Chicago Law Professor Brian Leiter declared total license due to the failure to vote on Merrick Garland and now the effort to vote on Amy Coney Barrett: “If they pack the court, the Democrats would be crazy not to do their own court packing.”

However, those are vacancies where the Senate used its constitutional power to withhold or hold a vote. I called for a vote on Garland but there was nothing unconstitutional in the withholding of the vote.

Indeed, Ginsburg herself insisted that vacancies should be filled even in an election year in 2016. The fact is that, even if the Senate voted and rejected Garland, many of the same voices would still be supporting a court packing scheme.

The packing scheme would change the Court for the sole purpose of securing an ideological majority. It would create a new and fundamentally flawed Court — a sad reflection of our age of rage.

The fact that Biden and Harris have been so reluctant to admit their plans should concern all Americans.

They should not be allowed to hide their intentions from the American people.

 

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