by Mitch Kokai
Senior Political Analyst, John Locke Foundation
Brad Polumbo writes for the Washington Examiner about the latest tirade from the U.S. senator known to foes as Fauxcahontas.
Sen. Elizabeth Warren (D-MA) is well-known for lying about having Native American heritage. But, at least when it comes to her political statements, Senator Pocahontas is remarkably candid. After all, the Massachusetts Democrat just openly admitted that she wants to destroy the Supreme Court as we know it — and spark a constitutional crisis.
“I’ll just be blunt: right-wing extremists have hijacked the Supreme Court of the United States,” Warren tweeted on Tuesday. “From shredding abortion rights to rigging the rules against workers and consumers, an out-of-touch majority is substituting their own views for the rule of law.”
“For the sake of our freedoms and the sake of our democracy, we must expand the Supreme Court to rebalance it, and we need to institute a binding code of ethics for the justices,” the senator concluded.
There’s a lot to unpack here, but Warren’s spiel is wrong from the get-go. The idea that the current Supreme Court has been “hijacked by right-wing extremists” that “substitute their own views for the rule of law” is simply unfounded.
Indeed, while Warren cites several examples where the court ruled against her “side,” in recent years, the Supreme Court has also upheld the Biden administration’s policies on multiple occasions; ruled to massively expand gay, lesbian, bisexual, and transgender rights; and broken with preferred “right-wing” policies on too many other occasions to count. Agree or disagree with its legal reasoning, the idea that the current court simply rules on partisan alignment is flat-out false.
But what’s much worse is Warren’s supposed “remedy.” She proposes stuffing the Supreme Court with more justices to rig its ideological composition and force it to go along with the Democratic agenda. The Senate does technically have the authority to increase the number of justices on the Supreme Court, but it has had only nine justices since 1869. Hence why if senators were to expand the court in a partisan manner, it would lead to a crisis.