Now that the Democrats have lost the edge in the Supreme Court that they’ve enjoyed for generations, they are panicking and looking to tip the scales. But Graham is drawing a line in the sand.
Back in FDR’s day, the Democrats had the good sense to reign in their guy when he threatened to pack the courts so they wouldn’t be able to strike down his unconstitutional laws.
These days that same party sees court-packing as a clear road to power.
Of course they would, wouldn’t they? They have adopted a power-at-any-cost approach to politics. Conventions be damned. Constitution be damned, too. Remember AOC back in 2018? Here’s what she said at a townhall:
“I think we take back the House, we take back the Senate, we take back the presidency, and we pack the Supreme Court of the United States of America,” she quipped. Then, as if this answer were clear and straightforward, she flippantly added, “Next!”
(Surely I’m not the only one having flashbacks of the Howard Dean scream when I read that.)
In 1937, FDR announced just this kind of Court-packing plan. The Supreme Court found some of his New Deal government expansion unconstitutional, so FDR wanted to remake the Court. If the separation of powers stood in the way of big government, FDR was going to get rid of the separation of powers.
He presented the Judicial Procedures Reform Bill of 1937, a bill to add more justices to the Supreme Court. Three weeks after FDR went public with this plan, the Supreme Court reversed course, bowing to the Democrats and the New Deal. This judicial sea-change went down in history as “the switch in time that saved nine.” While some historians have disputed this connection, the Court did indeed reverse course on the New Deal after FDR’s threat.
Can you imagine how all Hell would break loose if TRUMP decided to preempt them and pack the Supreme Court? Can you imagine the cries of ‘tyranny’ that would ring out across the land?
Then why is it ok when Democrats suggest doing it to shore up THEIR political agenda?
It ISN’T ‘ok’. And they’re facing a fight if they try it.
“The dream of every leftist is to have a liberal court enacting laws from the bench,” he continued. “The dream of every conservative is to have judges who will interpret the law, not make the law.”
Graham’s remarks were in response to an amicus brief that the aforementioned lawmakers filed only days earlier. The legal document warns the nine justices that they if they do not drop a New York firearms case that the court has agreed to review, than they will be faced with public backlash and subsequent restructuring.
Whitehouse unapologetically told The Washington Post that he was cautioning the Supreme Court, not threatening the institution.
“When you hear ‘expanding the court,’ that’s code for liberals packing the court,” Graham said. “Over my dead body, it’s not going to happen.”
Graham chairs the Senate Judiciary, which is tasked with considering executive nominations, including judicial nominations. While serving as a rank-and-file member of the committee in 2018, he was instrumental in Justice Brett Kavanaugh’s confirmation to the Supreme Court.
Remember how he blasted the Democrats and their thirst for power in his epic speech during the Kavanaugh hearings?
The key moment of that day was at 1:39.
“Boy Y’all want power, God I hope you never get it. I hope the American people can see through this sham. … You’re looking for a fair process? You came to the wrong town at the wrong time, my friend.”
He absolutely nailed it, didn’t he?