Stephen Breyer Makes the Liberal Case Against Court Packing
In 2008, the U.S. Supreme Court told George W. Bush that fighting a global war on terrorism did not entitle the president to evade or ignore the requirements of the Constitution. That decision, Boumediene v. Bush, would go down in the books as one of the most significant modern rulings against wartime government power. “We’ll abide by the Court’s decision,” Bush said. “That doesn’t mean I have to agree with it.”
What if Bush did not abide by the Court’s decision? What if Bush said the Court was dead wrong and that his administration would not be bound by its erroneous judgment? What if subsequent presidents followed Bush’s lead and ignored the Court whenever their own favored policies happened to lose?
Such what ifs are the driving force behind Justice Stephen Breyer’s timely and important new book, The Authority of the Court and the Peril of Politics (Harvard University Press). The 83-year-old Supreme Court justice is well aware that many modern liberals want President Joe Biden to pack the Court and create a new liberal supermajority. Breyer thinks those liberal court packers are being both dimwitted and shortsighted. “Think long and hard,” Breyer warns them, “before embodying those changes in law.”
Court packing is a naked power grab and an attack on the independence of the judiciary. It is a tit-for-tat race to the bottom. One party expands the
Article from Latest – Reason.com