AMAC Exclusive – By Seamus Brennan
The Supreme Court has received no shortage of media attention in recent months—from the upcoming Dobbs v. Jackson Women’s Health Organization abortion decision, to Justice Stephen Breyer’s retirement, to the impending confirmation of Judge Ketanji Brown Jackson. But amid the media frenzy surrounding upcoming cases, a major development regarding the future of the Court itself has gotten suspiciously little coverage: namely, an acceleration in Democrats’ ongoing plans to pack the Court with additional left-wing justices.
Few Americans were even aware of the release of the report from President Joe Biden’s Commission on the Supreme Court last December, as Democrats and Court-packing proponents no doubt intended. The handful of outlets that did cover the report, however, did so in a way that distracted from or outright ignored its more radical findings and recommendations. NPR, for instance, wrote that the report “steers clear of taking a position.” CBS News similarly claimed that the Commission “stopped short of recommending structural changes to the Supreme Court”—painting the report as a series of noncommittal findings that pose no threat to the federal judiciary. Even the report itself asserts that it does not “purport to resolve any of [the] differences” among Commission members regarding proposed reforms to the Court.
Yet, the content of the report—and in fact, the very existence of the Commission—suggests this danger is indeed real. Although the report eschews explicit recommendations regarding the makeup of the Court, it is full of language, analysis, and “arguments” that are virtually impossible to interpret in any way other than laying the groundwork for expanding the Court at some point in the near future. As conservative lawyer Ian Huyett wrote for The American Mind, Biden’s Commission stands “under a false veneer of detached scholarship” that could quite easily lead to a progressive “totalitarian regime” that would wholly undermine the rule of law.
Among the few clear conclusions reached by the Commission was that its members disagreed on “whether adding Justices to the Supreme Court at this moment in time would be wise” (emphasis added). Notably, the Commission did not make a judgment on whether adding justices would or would not “be wise” more generally—instead, their findings are only applicable to “this moment in time.” By limiting the scope of the Commission’s decision to “this moment,” the report intentionally leaves the door open to packing the Court in the future, whenever the Commission decides it is in fact “wise.” As Huyett observes, this statement is “a meaningless disagreement evidently touted to confer legitimacy on the Commission’s conclusions.”
“By framing Court-packing as—at worst—the violation of a mere ‘norm,’” he continues, “the Commission has attempted to ensure that any future Court-packing debate will begin with Democrats on the high ground.”
The report also makes several mischaracterizations of previous changes to the Supreme Court, including the 1807 and 1837 expansions of the Court’s number of seats. Though these changes were made almost entirely for procedural reasons (largely in response to the growing number of circuits and other provincial concerns), the Commission nonetheless categorized these reforms as deriving from “political concerns” with little acknowledgment of the historical circumstances most responsible for increasing the Court’s number of seats.
The report also misleadingly quotes figures involved in 1950s Court-packing debates—ostensibly to overstate their support for expanding the nine-seat federal bench, even when it is readily apparent that they did not (most notably, the report painted the motivations of Senator John Marshall Butler, who introduced legislation to permanently keep the number of Supreme Court justices at nine in 1953, as being in support of “broad formal power to expand or contract the Supreme Court”). This deceptive wordplay once again calls the Commission’s motives, transparency, and supposed lack of a “position” into question.
The Commission’s thinly veiled ulterior motive is a continuation of a long-established pattern among Biden and other high-profile Democrats of downplaying the left’s quest to pack the Supreme Court with progressive ideologues—even though their real intentions are painfully clear to the American people.
Biden himself infamously side-stepped the question throughout his 2020 campaign, claiming that “you’ll know my opinion on Court-packing when the election’s over.” Then-candidate Kamala Harris similarly refused to weigh in on the matter during the 2020 vice presidential debate. Instead, former Vice President Mike Pence stated the obvious: “If you haven’t figured it out yet,” he said, “the straight answer is they are going to pack the Supreme Court.”
Conservatives should not be fooled by the evasive language of the Commission’s report. Instead, they should see the report for what it is: an effort to normalize the practice of Court-packing in the eyes of Americans as well as an attempt to validate future efforts to expand the Supreme Court by a Democratic president.
For anyone who cares about an independent judiciary, the separation of powers, and the American constitutional order, nothing could be more worrying.
One only has to look at the current members of The Supreme Court to have an understanding of what a catastrophe this would be for the nation.
It is scary what the Dems want to do. We just need to keep up the good fight and expose them and push back at every turn. Otherwise they will turn us into a socialist/marxist country.
If they succeed, it will be the end of our nation.
Democrats are termites. They march ever on, incrementally building their agenda and tearing down society bit by bit.
LETS GO BRANDON!
Election day November 2022 can’t get here soon enough, all we see it high taxes, inflation on steroids, gas prices out of sight, looking like idiots on the world stage, losing our liberties more and more every day, more drug, human trafficking, and illegal entry into our country, and no one in government gives a damn, all we get is lip service. and now they are going to put a communist on the Supreme Court, and that worthless liar, Mitton’s Romney the biggest RINO of all times, aren’t you good folks of Utah proud, he voted for a Slime-ball that votes to gut women for their unborn child so Planned Parenthood can give a kickback to the Democrats, and take away your 2nd Amendment rights, I was born in Utah but will never set foot in the state as long as you let him get away with helping to destroy America.
What I find missing is the research into who is behind this idea of packing the court. Financial backing, not just ideological. Someone behind the scenes is fanning the flames on this subject. If that source isn’t exposed, he, she (probably tracing all the way back to Soros and son) will continue to push for this court packing to happen. They will continue backing media and congress members to back the idea. We need to face up to this horrible fact that it is money from persons who are not American citizens who are behind such pushes. Soros was naturalized but he goes on TV and PUBLICALLY shouts out that he is going to use his billions to bring down America!!! IS ANYBODY LISTENING TO HIM??? His money has helped put many, many, many elected officials into their offices. He holds trainings that teach these people how to go about bringing down America! Is ANYBODY listening to him??? These are serious violations of criminal statutes already on the books. But then, his money and influence put the Attorney Generals at all levels in their offices so he is enjoying great immunity. Our attention needs to shine on him and his son and their over 200 anti-American organizations that freely operate within the U.S.! This should be incredibly alarming news. We have to ban together and push our elected officials who will listen to us to investigate and indict this man and his organizations. Get injunctions to stop his activities now while the slower processes are being worked. We can’t stand by twiddling our thumbs while this saboteur brings down our country.
Judge Brown should not be confirmed. She is too weak on crime.
Nothing new here. The Democrats continue to push forward on multiple fronts to advance their political objectives and ensure their continued accumulation of power and money. Was there really any doubt that this commission would produce this sort of report? You would have to be incredibly naive to expect any report commissioned by a Democrat administration would find otherwise.
As to Judge Jackson, as expected, enough RINOs have stepped forward to say they will approve her nomination to the Supreme Court to assure she will be seated on the Court. No need for Kamala Harris to show up and cast the 51st vote anymore. As I said, the Democrats continue to advance on a myriad of fronts, while the RINOs in Congress either aid the Democrats in their objectives or sit quietly on the side-lines. As for the general public, for the most part they neither know what is going on nor appear to show any real interest in preventing the undermining of our republic.
It takes two parties to have a war of ideals and protect our republic. So far, many Republicans in Congress continue to demonstrate the same “go along to get along” attitude that has allowed the Democrats to acquire so much power and influence within the government.
Dumb idea both judicially and politically.
I would like to hear an answer from each current House rep and Senator to the following question:
If your party held the majority in both house of Congress as well as the presidency, would you vote to expand the Supreme Court ?
I wouldn’t expect to hear much support from either party to expand the Court.
Of course the DC Marxists (that is what they are) will try to pack the court. They practically pushed Breyer out so they fill his spot whith another judge who is obviously in their court as far as the law or lack of goes. Last week when we heard stories about how Judge Thomas’ wife supported Trump in the last election it made me wonder if they will start harrassing him. They already mentioned that he should resign because of her Republican affiliation. They are relentless and heartless in their quest to turn us into another dictator ship just like Russia or China. I am frightened that if the Republicans do not claim many seats in Congress, we will soon be lost to these evil oppressors. Will those same Republicans who denied cheating in 2020 still hold that opinion after all the cheating that has been uncovered the last 1.5 years?? How are they planning to stop the billions in “dark money” that the likes of Soros and Zuckerberg spent “buying” votes, which the state of Wisconsin has proved? And we know it also happened in many other states. Our GOP needs to take this seriously and stop it!!
Biden/this administration should not be allowed to make any changes to our current laws until the legitimacy of his son’s dealing is settled. He is compromised and working against the people. The election was filled with fraudulent activity and we the people are suffering for all this corruption!
This whole thing is on a feedback continuous loop. It just keeps on going around and around. It is part of the Left’s “Blitzkrieg”. A continuing attack on several fronts with multiple prongs of multiple issues backed up by various assets. Unlike the Republican “Weenies” or Rinos these folks are focused and committed. There is minimal push back by the big R. just hand wringing and the “woe is me” bull crap.Help the climate by stopping the CO2 production from your flapping mouths and actually do something.
VOTE OUT every Democrat, they CAN’T pack the Supreme Court without a majority.
She was chosen because her skin is black and she has a vagina. This is Affirmative Action at its best. She must be so proud of her black skin and vagina, because I don’t know about you but she is certainly not being chosen because of her experience, education and/or skill level…
AMAC appreciate you keeping attention on this. Just another reason to vote Conservatives to Congress in November. We need an over abundance of votes so no amount of cheating can do what they did in 2020! The political manipulation of Democrats, their country destroying policies and the politicizing of our Intelligence agencies is out of control! We need to get our Country back.
all liberals, demcorats, progressives deserve to be summarily executed. they are all evil.
This sneaking court packing is another reason not to elect democrats across the board.
Anyone who is paying attention knows what one party democrat government brings.
If they do that I would recommend the GOP increase the court to 55 when it is next in power
It is hard to believe that some Republican Senators are going to approve her as a Supreme Court Justice. In her refusal to answer a simple question to define her own gender (woman) illustrates that she is not a true justice seeking person. She is biased and already has made her decisions of how she will vote in spite of the arguments that will be presented in court. Her job is to listen to both sides and make a fair decision. “LORD please give this woman the wisdom that you gave to Solomon!”
How can you tell when a politician is lying? Their mouth is moving!!!!!
Why am I being told I’ve already voted on this comment when I click on (+), when I have not voted?
This is on all of the comments? But the (-) gets counted? Strange????
And the Republicans fiddle as America burns ???? What else is new. Might be a good time to migrate to Ukraine! They know how to fight!
God protect us! If the liberals get their way (as they have more openly done since 2016) then we Patriots of these United States won’t have many options of how we restore what our founding fathers established.
This is for Paul Revere:Problem — (with few exceptions) too much money passing under the table. All talk but no decisive action. I have a better idea than migrating to Ukraine — let THEM migrate HERE!
Most comments about Kenji Brown Jackson seem to concentrate on her not being able to describe what a woman is. However her attitude toward sexual perverts and child pornographers is really alarming. She gave sentences to most of those that were shorter than recommended by others in the legal government fields and she even apologized to one for having to sentence him to what she gave him. And now it has come out that one to whom she gave a short sentence got out and did it again.
While I don’t wish to comment on the qualifications (or lack thereof) of Judge Ketanji Brown Jackson, I would like to say that there will forever be an asterisk (actual or implied) by her name if she is confirmed. That will be: “*quota/token”… She wasn’t selected because she was the best choice but because she filled the “black” and “woman” qualifications first. Look at Obama’s choices, two women, one of which had never been a judge and the other who isn’t well thought of as a Judge now.
When is enough destruction to our country going to stop? Who’s manning this country? Certainly not your government, they are self serving evil and corrupt politicians
First, let’s get rid of Barak Obama. He’s the one who started all this racist stuff and he’s the one leading the commie Dems. Ain’t doing a great job, is he? Worst President we ever had and I’m not a racist. He is a USA hater, God hater and came into his Presidency thinking he could rule the world. Most Muslim’s had the same idea. Sorry, Barak, you are too late. China is winning.
It’s also time to stop this foolishness and grow up. Remember, the guys in the white hats always win. Good riddance Dems. Was NOT nice knowing you.
DO NOT STUFF THE SUPREME COURT.. When Trump gets back in, he’ll take care of that “post-haste” LET’S GO BRANDON!!!!!!!
They don’t need to increase the size of the court to pack it. All they have to do is concoct ways to remove the “conservative” and/ or less progressive members of the current court. They forced the retirement of Stephen Breyer so they can get Jackson, and now are trying to impeach Thomas. And walls; they now have a packed court in a “less obvious” way. “Let he who has eyes, see”!
Dear AMAC;
When discussing such a document could you provide the link to the document for readers to read for themselves?
The Judicial Branch is the 3rd branch of our Government & it must be protected & preserved for Americans. Leave the number of Justices at Nine. My worry is that if the party in power adds justices, then the next party change will also do so & so on until we have a thousand on Supreme Court. The system works & checks and balances are needed in a Rjpublic such as USA.
The treatment of new Justice Jackson by Republicans was very rude at times & shows non-partisan personalities. But this was still better treatment than Kavenaugh got from Democrats during his hearings for Court. Seems like Corey Booker & one other Democrat actually walked out & refused to vote the final day. And he is a Senator……..
One only has to look at the current members of The Supreme Court to have an understanding of what a catastrophe this would be for the nation.
It is scary what the Dems want to do. We just need to keep up the good fight and expose them and push back at every turn. Otherwise they will turn us into a socialist/marxist country.
If they succeed, it will be the end of our nation.
Democrats are termites. They march ever on, incrementally building their agenda and tearing down society bit by bit.
LETS GO BRANDON!
Election day November 2022 can’t get here soon enough, all we see it high taxes, inflation on steroids, gas prices out of sight, looking like idiots on the world stage, losing our liberties more and more every day, more drug, human trafficking, and illegal entry into our country, and no one in government gives a damn, all we get is lip service. and now they are going to put a communist on the Supreme Court, and that worthless liar, Mitton’s Romney the biggest RINO of all times, aren’t you good folks of Utah proud, he voted for a Slime-ball that votes to gut women for their unborn child so Planned Parenthood can give a kickback to the Democrats, and take away your 2nd Amendment rights, I was born in Utah but will never set foot in the state as long as you let him get away with helping to destroy America.
What I find missing is the research into who is behind this idea of packing the court. Financial backing, not just ideological. Someone behind the scenes is fanning the flames on this subject. If that source isn’t exposed, he, she (probably tracing all the way back to Soros and son) will continue to push for this court packing to happen. They will continue backing media and congress members to back the idea. We need to face up to this horrible fact that it is money from persons who are not American citizens who are behind such pushes. Soros was naturalized but he goes on TV and PUBLICALLY shouts out that he is going to use his billions to bring down America!!! IS ANYBODY LISTENING TO HIM??? His money has helped put many, many, many elected officials into their offices. He holds trainings that teach these people how to go about bringing down America! Is ANYBODY listening to him??? These are serious violations of criminal statutes already on the books. But then, his money and influence put the Attorney Generals at all levels in their offices so he is enjoying great immunity. Our attention needs to shine on him and his son and their over 200 anti-American organizations that freely operate within the U.S.! This should be incredibly alarming news. We have to ban together and push our elected officials who will listen to us to investigate and indict this man and his organizations. Get injunctions to stop his activities now while the slower processes are being worked. We can’t stand by twiddling our thumbs while this saboteur brings down our country.
Judge Brown should not be confirmed. She is too weak on crime.
Nothing new here. The Democrats continue to push forward on multiple fronts to advance their political objectives and ensure their continued accumulation of power and money. Was there really any doubt that this commission would produce this sort of report? You would have to be incredibly naive to expect any report commissioned by a Democrat administration would find otherwise.
As to Judge Jackson, as expected, enough RINOs have stepped forward to say they will approve her nomination to the Supreme Court to assure she will be seated on the Court. No need for Kamala Harris to show up and cast the 51st vote anymore. As I said, the Democrats continue to advance on a myriad of fronts, while the RINOs in Congress either aid the Democrats in their objectives or sit quietly on the side-lines. As for the general public, for the most part they neither know what is going on nor appear to show any real interest in preventing the undermining of our republic.
It takes two parties to have a war of ideals and protect our republic. So far, many Republicans in Congress continue to demonstrate the same “go along to get along” attitude that has allowed the Democrats to acquire so much power and influence within the government.
Dumb idea both judicially and politically.
I would like to hear an answer from each current House rep and Senator to the following question:
If your party held the majority in both house of Congress as well as the presidency, would you vote to expand the Supreme Court ?
I wouldn’t expect to hear much support from either party to expand the Court.
Of course the DC Marxists (that is what they are) will try to pack the court. They practically pushed Breyer out so they fill his spot whith another judge who is obviously in their court as far as the law or lack of goes. Last week when we heard stories about how Judge Thomas’ wife supported Trump in the last election it made me wonder if they will start harrassing him. They already mentioned that he should resign because of her Republican affiliation. They are relentless and heartless in their quest to turn us into another dictator ship just like Russia or China. I am frightened that if the Republicans do not claim many seats in Congress, we will soon be lost to these evil oppressors. Will those same Republicans who denied cheating in 2020 still hold that opinion after all the cheating that has been uncovered the last 1.5 years?? How are they planning to stop the billions in “dark money” that the likes of Soros and Zuckerberg spent “buying” votes, which the state of Wisconsin has proved? And we know it also happened in many other states. Our GOP needs to take this seriously and stop it!!
Biden/this administration should not be allowed to make any changes to our current laws until the legitimacy of his son’s dealing is settled. He is compromised and working against the people. The election was filled with fraudulent activity and we the people are suffering for all this corruption!
This whole thing is on a feedback continuous loop. It just keeps on going around and around. It is part of the Left’s “Blitzkrieg”. A continuing attack on several fronts with multiple prongs of multiple issues backed up by various assets. Unlike the Republican “Weenies” or Rinos these folks are focused and committed. There is minimal push back by the big R. just hand wringing and the “woe is me” bull crap.Help the climate by stopping the CO2 production from your flapping mouths and actually do something.
VOTE OUT every Democrat, they CAN’T pack the Supreme Court without a majority.
She was chosen because her skin is black and she has a vagina. This is Affirmative Action at its best. She must be so proud of her black skin and vagina, because I don’t know about you but she is certainly not being chosen because of her experience, education and/or skill level…
AMAC appreciate you keeping attention on this. Just another reason to vote Conservatives to Congress in November. We need an over abundance of votes so no amount of cheating can do what they did in 2020! The political manipulation of Democrats, their country destroying policies and the politicizing of our Intelligence agencies is out of control! We need to get our Country back.
all liberals, demcorats, progressives deserve to be summarily executed. they are all evil.