Patrick M. Byrne posted this on TELEGRAM:
Since this requires a subscription to read it, I’m pasting most of it here:
Several Democratic lawmakers have announced a bill to expand the Supreme Court by adding four additional justices, which would “fundamentally compromise and undermine two branches of government,” according to an expert.
“This would be the greatest takeover of the judicial branch by the political branches since America was founded,” said Thomas Jipping, federal judiciary expert at the conservative Heritage Foundation think tank and former counsel to former Sen. Orrin Hatch (R-Utah).
He pointed out that to push the bill through the Senate, Democrats would need to abolish the legislative filibuster, which requires 60 votes to pass most bills rather than a simple majority.
“That would be the most radical change in the Senate, as an institution, in more than 200 years,” Jipping told The Epoch Times. “And there is no conceivable argument that that is worth the cost to the liberty that judicial independence makes possible.”
Democrats only hold 50 seats in the Senate, with Vice President Kamala Harris available to cast tie-breaking votes. To nix the filibuster, they’d need to reinterpret the Senate rules to state that three-fifths of the chamber in fact means 51 of 100, Jipping noted.
Six of the current nine Supreme Court justices have been appointed by Republican presidents, giving conservatives better chances to challenge laws and regulations coming from the Democrat-held Congress and White House for overstepping the Constitution. Packing the court would give President Joe Biden a chance to appoint justices more sympathetic to his agenda, reversing the situation.
Sen. Ed Markey (D-Mass.), the leading proponent of the bill, pronounced the Supreme Court “broken” during an April 15 press conference.
“It is out of balance and it needs to be fixed,” he said. “Too many Americans question the court’s legitimacy” and because of that, “the rights of all Americans but especially people of color, women and our immigrant communities are at risk.”
Democrats have criticized how President Donald Trump and congressional Republicans handled nominations to the court in recent years.
In 2016, when President Barack Obama nominated Judge Merrick Garland to the court, the Republican Senate wouldn’t consider the nomination.
Then-Majority Leader Mitch McConnell (R-Ky.) called it the “Biden rule,” referring to Biden’s 1992 comment “that once the political season is underway, and it is, action on a Supreme Court nomination must be put off until after the election campaign is over.” At the time, Biden chaired the Senate Judiciary Committee.
Obama was a “lame-duck president” and the electorate sapped his mandate by giving majorities in both the House and the Senate to Republicans in the 2014 midterms, McConnell argued.
To Democrats’ chagrin, McConnell ensured a speedy confirmation for Justice Amy Coney Barrett, Trump’s nominee, shortly before the 2020 election. Unlike Obama, Trump was looking toward possible reelection, and his first midterm performance—losing the House, but expanding the Senate majority—was generally better than that of several of his predecessors.