President Joe Biden's tirade against a Supreme Court decision that didn't go his way elevates the future of the Court to a new level of intensity and political priority.
In the context of calls from senior Democrats to pack the Court unless it mends its ways, it translates into calling for rulings that conform to Democratic Party goals.
Then there are two inappropriate intrusions by President Barack Obama: his 2010 attack on the Court's free-speech ruling in the Citizens United case during his State of the Union address and his 2012 veiled warning to the Court in advance of its decision on Obamacare to not engage in "Judicial activism."
The late Chief Justice William Rehnquist devoted an entire chapter in his 1987 book The Supreme Court: How It Was, How It Is to Franklin Roosevelt's failed 1937 attempt to pack the bench.
Rehnquist set the stage for the first and so far only attempt to pack the Court by noting that in the 72 years from 1861 to 1933 - 18 presidential terms - Republicans controlled the White House for 56 years, excepting only Andrew Johnson Grover Cleveland, and Woodrow Wilson.
During FDR's first term, three Court decisions landed the Supremes in hot water with the administration and its allies in Congress.
The House Judiciary Committee chairman, Hatton Sumners of Texas, was adamantly opposed to any plan to pack the Court, telling colleagues, "Boys, here's where I cash in."
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Tuesday, July 6, 2021
Dems to Supremes: Shape Up or Pack Up!
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