Recent discussions among Democratic leaders reveal ongoing frustrations regarding the Supreme Court's composition and decisions. This commentary by Ilya Shapiro outlines various reform proposals and critiques their implications, suggesting a deeper political motivation behind these movements.
1. History of Reform Discussions:
Seven years ago, Ilya Shapiro warned that Democrats risked disaster by trying to reshape the Supreme Court due to frustrations over decisions influenced by Donald Trump's appointees.
The talk of reforms has escalated, particularly after Trump's appointment of Amy Coney Barrett.
2. Current Democratic Leaders' Views:
House Democratic leader Hakeem Jeffries emphasizes the need for "dramatic Supreme Court reform."
Former Vice President Kamala Harris and Secretary Pete Buttigieg advocate for expanding the Court or introducing term limits for justices.
3. Proposals for Change:
Legislation has been introduced to impose 18-year terms for justices.
Alexandria Ocasio-Cortez has called for impeachment proceedings against justices she disagrees with.
4. The Political Nature of Reform:
Shapiro argues that the Left's reform efforts stem from dissatisfaction with court rulings that do not align with their interests.
He cites political figures who change their stance on court reform based on recent decisions.
5. Concerns About Court-Packing:
While the Constitution does not specify the number of justices, Shapiro warns against expanding the Court, as this could lead to a cycle of retaliation by future administrations seeking to reshape it further.
Historical context is provided, referencing Franklin D. Roosevelt's failed court-packing plan.
6. Alternatives to Court Expansion:
Term limits could theoretically create predictable vacancies, but Shapiro notes complications in implementing this change.
He reinforces that impeachment should not be used against justices for their legal interpretations, as this undermines judicial independence.
7. Underlying Judicial Issues:
The real problem is the increasing politicization of the Supreme Court's product rather than its processes.
Shapiro argues that legitimate changes should involve winning elections to appoint judges with different judicial philosophies.
Shapiro concludes that losing court cases does not constitute a constitutional crisis. For Democrats desiring a different judicial direction, the established method remains clear: engaging in the electoral process to secure the necessary appointments.
https://www.city-journal.org/article/supreme-court-reform-democrats
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