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Leftist Dark Money Group Pushes Scheme to Pack Supreme Court with Liberal Justices CRC’s “Dark Money Report” Cited by Breitbart Reporter Aaron Klein

supreme court

This article originally appeared on Breitbart on October 13, 2019.

Demand Justice, an organization founded by former members of Hillary Clinton’s 2016 presidential campaign and associated with a secretive “social welfare organization” financed by billionaire activist George Soros, is pushing a scheme to pack the Supreme Court with liberal justices by adding new seats to the nation’s highest court.

This comes after Demand Justice has failed in its repeated attempts to bring about the impeachment of Supreme Court Justice Brett Kavanaugh.

A Demand Justice petition circulated over the weekend reads:The number of justices is not established in the Constitution — in fact, we’ve changed the number of justices seven times throughout our history.

We need every Democrat to join us. Sign the petition and tell Democrats to support adding seats to the Supreme Court today.

The missive, also promoted in Demand Justice mass emails, claims “Republicans stole a seat when they put Neil Gorsuch on the bench, so Democrats need to be committed to fighting back by adding seats to the Supreme Court.”

The petition continues, “You know what’s at stake: the right to a safe and legal abortion, the right to seek asylum, the right to a workplace free of discrimination for LGBTQ+ people, and so much more.”

The activism drive seeks to galvanize support for the concept of adding seats to the Supreme Court but does not explain the process of actually getting it done.

Immediately after the confirmation of Kavanaugh last year, Breitbart News reported that already some Democrats and progressive activists began shifting tactics, pushing the scheme to “pack” or “balance” the Supreme Court by adding two new seats to be filled by liberal judges.

The Supreme Court expansion plot would be enacted if Democrats retake Congress and the presidency in 2020, according to the plan.

Political scientist David Faris advocated in a book published last year for Democrats to pack the Supreme Court with as many liberal judges as they can. Farris branded the plan the “neutron option for the Supreme Court.”

Vice’s West Coast editor Harry Cheadle summarized Faris’s arguments thusly:

[It] would involve first proposing a constitutional amendment to end lifetime tenure on the court and pushing a proposal to let each president pick two justices per term, a compromise that Faris hopes would “end the court wars.” He suspects Republicans wouldn’t go for that, however, so he’d advise the next Democratic president to just “pack” the court as FDR tried to do in 1937 before Congress rose up against him and prevented it. That would involve passing a bill to expand the size of the court and allowing the president to appoint however many justices would be needed to create a new liberal majority, with the friendly Senate signing off on any appointee. (This would be legal, Faris points out, because there’s nothing in the Constitution stipulating the size of the court, which has in fact fluctuated in the past.)

Writing at NBC.com after Kavanagh’s nomination, political science professor Scott Lemieux opined that “Democrats are now much more likely to mobilize against an even more conservative court.”

He continued:

But how might Democratic leaders respond?

A more likely scenario — especially if a Trumpified Supreme Court not only effectively overrules Roe v. Wade but then keeps striking down legislation passed by the next unified Democratic government — is expanding the size of the Supreme Court. The constitution does not fix the size of any federal appellate court, and the number of justices can be changed with simple majorities of both houses of Congress. Doing so isn’t hypothetical: After the Civil War, congressional Republicans manipulated the size of the court to ensure that it wouldn’t interfere with Reconstruction.

In July 2018, Yale Law School professors Ian Ayres and John Fabian Witt laid out the case in the Washington Post for expanding the Supreme Court, referring to the tactic as “court balancing.”

“Democrats need a Plan B for the Supreme Court. Here’s one option,” their oped was titled.

The duo advocated for Senate Minority Leader Charles E. Schumer (D-N.Y.) and House Minority Leader Nancy Pelosi (D-Calif.) to announce a plan aimed at “balancing” the Supreme Court if the Democrats can win a majority in Congress and take the presidency in the 2020 election.

Ayres and Witt note the Constitution does not stipulate the Supreme Court must have nine seats and they reference historical precedent for expanding the nation’s highest court:

The court originally had six seats. It expanded and contracted in the first half of the 19th century, then settled on nine. It has remained there since 1869, partly as a political norm and partly to preserve competitive equilibrium.

At crucial moments in U.S. politics, parties have acted to change the size of the Supreme Court. Often the tactic was a political power play. But sometimes it was undertaken for the good of the country, as during the Civil War, when the Republican Congress in 1863 added a seat to the court in part to protect the success of the war effort against formidable legal challenges.

The Democrats’ court-balancing proposal for 2020 should commit the party to expanding the size of the Supreme Court by appointing two new federal judges who, by statute, would be designated to sit on the court for 18 years; thereafter, the constitutionally required life tenure would be served in lower federal courts.

While pushing their proposal under the banner of “balancing,” the Yale professors do not disguise their goal of packing the court with two new liberal judges:

If Democrats took control of Congress and the presidency in 2020, the new administration would effectively have two Supreme Court slots to fill immediately. The party should commit to nominate one liberal (say, the liberal analog of Justice Neil M. Gorsuch) and to fill the other spot by renominating the liberal-centrist Garland himself.

Ayers and Witt were referring to the nomination of Merrick Garland, who was the pick of Barack Obama, then a lame duck president, to fill the slot left vacant following the death of Justice Antonin Scalia.

Secretive Arabella Advisors 

Demand Justice has played a central role in leading activism against Kavanaugh.

Demand Justice is fiscally sponsored by the Sixteen Thirty Fund, one of four nonprofits run by the secretive, massively funded Arabella Advisors strategy company that pushes the interests of wealthy leftist donors. Arabella specializes in sponsoring countless dark money pop-up organizations designed to look like grassroots activist groups, as exposed in a recent extensive report by conservative watchdog Capital Research Center.

Soros’s Open Society documents that it provided financing to Sixteen Thirty specifically earmarked for Demand Justice activism.

The Capital Research Center’s expose documented that from 2013-2017 alone, Arabella’s four nonprofits spent a combined $1.16 billion with the aim of advancing “the political policies desired by wealthy left-wing interests through hundreds of ‘front’ groups.”

“And those interests pay well: the network’s revenues grew by an incredible 392 percent over that same period,” the report related.

“Together, these groups form an interlocking network of ‘dark money’ pop-up groups and other fiscally sponsored projects, all afloat in a half-billion-dollar ocean of cash,” states the report. “The real puppeteer, though, is Arabella Advisors, which has managed to largely conceal its role in coordinating so much of the professional Left’s infrastructure under a mask of ‘philanthropy.’”

Even before President Donald Trump first announced Kavanaugh as his official nominee, Demand Justice committed to spending about $5 million to oppose any eventual Trump nominee for the Supreme Court. The organization sought to raise $10 million in its first year.

Breitbart News reported that within less than one hour of Trump’s announcement that Kavanaugh was his nominee, Demand Justice had already put up the website stopkavanaugh.com, exclaiming: “We need to demand that the Senate defeat the Brett Kavanaugh nomination.”

The news media has routinely produced articles on Demand Justice protesters, with many pieces failing to inform readers that this is not a grassroots group but an organization spawned by professional organizers and tied to deep leftist funding.

Brian Fallon, the head of Demand Justice, served as press secretary for Clinton’s 2016 presidential campaign. The group’s digital team is headed by Gabrielle McCaffrey, who was a digital organizer for Clinton’s campaign.

In an interview with the New York Times, Fallon would not comment on the source of the group’s financing, but the newspaper noted that he was recently a featured speaker at the conference of the Democracy Alliance, a grouping of progressive donors.

Democracy Alliance’s founding donors include billionaires Soros and Tom Steyer. Fallon’s panel at Democracy Alliance was moderated by Sarah Knight of Soros’s Open Society Foundations.

Aaron Klein is Breitbart’s Jerusalem bureau chief and senior investigative reporter. He is a New York Times bestselling author and hosts the popular weekend talk radio program, “Aaron Klein Investigative Radio.” Follow him on Twitter @AaronKleinShow. Follow him on Facebook.

Joshua Klein contributed research to this article.

Reprinted with permission from - Capital Research Center

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J. FARLEY

THIS IS THE ONLY WAY THAT THE LEFT CAN WIN , THE SLEAZE-BAG GEORGE SOROS WILL DESTROY AMERICA IF WE DON’T KEEP CONTROL OF THE OF CONGRESS AND THE PRESIDENT’S OFFICE . IF THEY EVERY GET MAJORITY OF CONGRESS THEY WILL EXPAND THE SUPREME COURT TO 15 OR 20 MAKING IT IMPOSSIBLE TO EVER GET THE MAJORITY AGAIN .
SOROS IS IN THE POCKETS OF CITY AND STATE GOVERNMENT ACROSS THIS COUNTRY , BUT HE IS NOT THE ONLY ONE WE NEED TO BE WATCHING , TOM STEYER AND MICHEAL BLOOMBERG ARE NOT MUCH BETTER, WE ARE ON THE EDGE OF A CLIFF AND IF WE DON’T KEEP OUR EYES WIDE OPEN AND WATCH OUR STEP , IT OVER THE EDGE WITH NO RETURN .!!!!!!!!!!!

Jack Thomas

That leftist “progressives” are being funded by George Soros and others is hardly surprising to anyone who pays attention to current political events. Attempts by liberal extremists to push their anti-American agenda by seizing control of the federal Judiciary is a dangerous shadow movement that Republicans must resolutely resist. But we hear nothing of substance from the GOP on this issue —– which gives me reason to doubt their veracity about upholding precedent on the appointment of federal judges.

Anthony Dellisola

This guy George Soros causes so much trouble for the USA, I’m surprised the government just doesn’t have him arrested for treason an take his money away!

VikkiC

Well, they are already talking about impeaching Kavanaugh. And Soros’ son is working on getting rid of the Electoral College. If the SCOTUS goes liberal again, a lot of things will change. I’m not sure SCOUTUS could hold up against the swamp rats in full swing. Too much money in play, and too many Rinos…

R shoemaker

It will be very difficult for the liberals to flip the Senate in 2020 as long as the economy keeps doing so well. Do NOT believe polls as they are slanted and not a representation of how people actually vote. On the slim chance they got control of both houses and the Presidency and tried this, there would be a lawsuit. It would go to the SCOTUS and the current court would rule the move a violation of separation of powers. End of story.

Stephen Russell

See changing rules to suit Dems & we lose, cant we nullify these?
Need to challenge these legally.
Or Dems keep on going.
Enough GOP Unite or act.
No time for goofing off (save few on FNC working for US)

Tom Hauser

I have a wonderful idea. Lets give those on the Left a taste of what they are asking for. We’ll play by their rules. Enough empirical evidence exists to open an investigation on Mr. Soros, Mr. Bloomberg, Et Al and their philanthropy. We do what a socialist government would and freeze all accounts and funds until the investigation is complete. I’m not sure but that should take at least 5 to 10 years. That might slow them down just a little.
I know as conservatives this is not the way we do business but maybe we should. Good for the goose good for the gander.

Gary

Too many Americans don’t have a clue that the communist are well on their way to destroying the USA as we know it they are using the liberal media the Universities and the public schools to do it . it is about time the preachers in the church start speaking about this also before it is to late !!!!!

Glenn Lego

I don’t want any more liberal judges in the Supreme Court. Sodomites already have the same basic rights as the rest of the population. It’s a mental illness anyway. And abortion should not even be thinkable let alone “safe and legal “ it’s murder no matter how you try to dress it up. You can put a pink ribbon on the head of a pig but it’s still a pig.

Wayne

Go Trump Go! 2020

Paul DAscenz

George Soro’s Is Public Enemy #1.
I think he funded the Caravans South of the Border. I’ve heard about various atrocities inflicted on women and children down at the Border.

Veteran

Soros and his merry communist band of the DNC are speeding up and busy working to eliminate the American Republic, as in government for the people, by the people and our way of life. That’s the reason why they’ve been actively dividing the American people into a spectrum of “diversity” via questionnaires about race and ethnicity, instead of promoting assimilation and the integration of immigrants. Separate blocks of Americans are easier for them to manipulate one against the other based upon these factors than to have to come up with actual solutions to problems for all Americans. The Dems’ programs are based on handouts that create dependency, fear mongering, and stoking hatred and resentment for fabricated, or perceived wrongs. They revel in their academic expertise in marketing, advertising, propaganda, semantics and rhetoric also known as underhanded manipulation, political spin, misinformation, semantics, and political “correctness” – all that to keep their… Read more »

Brenda Blunt

Soros needs to leave and go to Venezuela instead!!

HAL HOFFMAN

DESPITE WHAT THE DEMOCRAT CONTROLLED MSM’s USE OF GAS-LIGHTING TACTICS, IT IS FAR MORE LIKELY THAT NOT ONLY WILL THE REPUBLICANS PICK UP AT LEAST 4 MORE SEATS, THERE IS ALSO A BETTER THAN EVEN CHANCE THE REPUBLICANS WILL TAKE THE HOUSE NEXT NOVEMBER!!! AND WITH PRESIDENT TRUMP IN HIS SECOND TERM, HE WILL ALMOST SURELY GET TO PICK BREYER’S REPLACEMENT, AS HE HAS WANTED TO RETIRE FOR YEARS. AND EVERY DAY THAT GOES BY BRINGS RBG CLOSER TO ASSUMING ROOM TEMPERATURE! SO WHOMEVER TRUMP PICKS WILL SURELY SAIL RIGHT THROUGH THIS TIME! SO EVEN WITH WISHEY WASHEY ROBERTS STILL THERE, THE LEFT WOULD ONLY BE “LEFT” WITH SOTAMEYER AND KAGEN! SO AT WORST, WE WOULD HAVE A 7-2 COURT, AT BEST (for the Left) IT WOULD BE 6-3!!! SO THEIR ANXIETY IS UNDERSTANDABLE BECAUSE EVEN IF ANY OF THE STALWART REPUBLICANS DECIDE TO RETIRE, TRUMP WILL NO DOUBT PICK… Read more »

Josephine pooley

This is unabashedly evil and unamerican and we the people must rise up against it! This cannot be alliwed to continue!

Diana

No to new seats there is enough it’s our Taxpayers Money that pays these judges and we have to many already so NO NO NO and it should be up to the Taxpayers No one else

herbert w milligan

what can we do yo counteract this tyranny?

Ed J

“Demand Justice” — what a total oxymoron since the organization has absolutely nothing to do with justice in any form. All of these dark money organizations are functioning like “5th Columns” deep within our nation’s fabric. They are attempting to do what the Communists failed to do during the Cold War, which was to bring our country down by compromising as many of our institutions as possible. Unfortunately, dealing with these many organizations is like playing “Whack-A-Mole” with a blindfold on and one hand tied behind one’s back. These folks can continue to pursue their destructive goals because they can drape themselves in the Constitution with the freedoms and rights it grants to all of us. All they have to do is remain within “legal bounds” and they can pursue any agenda and espouse any nonsense they want to. In effect, they are abusing and misusing our freedoms and rights… Read more »

Burnt Orange

Leftist crazies never consider that their schemes can and do fail regularly or backfire in their faces. This scheme can also be implemented IF Trump wins re-election and GOP takes House and Senate. They are proposing a blueprint for a Conservative take over for the next generation and Trump just might use it.

Their illegal Russian collusion scheme failed, the obstruction charges melted away, Mueller and Weisman’s fake investigation is history. Impeachment is turning to dross. On and on it goes with politically inept radicals. Their hatred for America and most of its citizens is obvious. This nation is only a tool for them to gain an organized and armed gov’t for their own use to establish a Uber-controlled society with an elite cabal in control of everyone else. North Koran style society with wealth is their aim.

Burton Paully

The number of Justices of the SOCUS should not be changed for any reason. The left will not succeed in packing the Court with liberal leaning Justices.