by Mitch Kokai
Senior Political Analyst, John Locke Foundation
Nick Arama of RedState.com wonders which Joe Biden we should believe on the issue of packing the U.S. Supreme Court.
Joe Biden announced he was signing an executive order creating a “bipartisan” commission to explore ‘reforming’ the Supreme Court. …
… [T]he commission would be looking at all kinds of possible revisions to the Court, including court packing. The commission would consider “the length of service and turnover of justices on the Court; the membership and size of the Court; and the Court’s case selection, rules, and practices.” In other words, Biden and the Democrats would look at all kinds of things they could do to politicize the one branch of government which was explicitly created not to be political.
So let’s listen to Joe Biden in 2005 talk about how doing the very thing he appears to be trying to do now is a corrupt “power grab.” “Power corrupts and absolute power corrupts absolutely” and FDR wanting to do that was “corrupted by power,” Biden said.
Reminder: Biden refers to court packing a “power grab” in 2005:
— Eddie Zipperer (@EddieZipperer) April 9, 2021
Here he is in 1987 talking about how it is the “futility and absurdity of the devious” meant to punish the justices for having their own opinions (i.e. acting not according to FDR’s political whim). He says such autocratic things were what led to the revolt against the English.
Biden in 1987 approvingly quoting Senate’s 1937 condemnation of FDR’s court packing scheme: “It’s a measure which should be so emphatically rejected that its parallel will never again be presented to the free representatives of the free people of America.”pic.twitter.com/nmy1IHvDOx
— Jerry Dunleavy (@JerryDunleavy) October 12, 2020
… This position he’s taking now is completely antithetical to that he has taken for years.
Let’s also remind folks about the position of that great hero to many on the left, Justice Ruth Bader Ginsburg. But what they often like to forget was how much she believed in not further politicizing the Court and how much she was against such schemes as court-packing, even if it was proposed or pushed by Democrats.