by Mitch Kokai
Senior Political Analyst, John Locke Foundation
Democrats in Congress, together with their allies among left-wing groups and in the media, are attempting a hostile takeover of the Supreme Court. Their current tactics demonstrate what “by any means necessary” really means.
In the system of government America’s Founders gave us, limits on government are necessary to achieve its purpose of protecting liberty. Those limits include the separation of powers, federalism, a written Constitution, and a judiciary that will follow—rather than control—that Constitution.
Limits like those help keep too much power from ending up in too few hands.
The Left, however, is after power rather than liberty and, therefore, sees limits on government as obstacles to be overcome. They especially want to control the Supreme Court because it’s the final interpreter of the Constitution, the “supreme law of the land.”
Controlling what the Constitution means is controlling what the Constitution is, no matter what it says.
The Left’s campaign to control the Supreme Court has three parts.
First, they push the idea that the current justices are deciding cases politically, rather than impartially. In other words, the justices are twisting and shaping the Constitution’s meaning to reach results that advance certain political interests.
This tactic appears to be working. In a March poll, 62% of respondents said that justices often decide cases based on “their own personal or political views,” rather than “legal analysis.”
Second, the Left attacks Supreme Court decisions, and individual justices, that do not reliably advance liberal political interests, as partisan, corrupt, or unethical. …
… That brings us to the third part of the hostile-takeover strategy.
Having created this politically driven, faux ethics controversy, Democrats have introduced legislation to require the Supreme Court to produce a formal ethics code. That much might not sound serious, but because the Constitution, not Congress, created the Supreme Court, Congress does not have such authority.