Politics

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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Mimi
1 year ago

I don’t know. As long as it would pass while President Trump is in office, he could fill up all the new spots with constitutional justices and off to the races we could go. The democrats would have what they want, an expanded Supreme Court, and our conservative President could fill it up, and then they would have a new cause to cry and complain about!!
Yep that’s the only way I would be in favor of it!!

Kipp
1 year ago

Wait, didn’t FDR attempt to pack the Supreme Court way back when he served four terms. And never got it done…, because it is un-American to pack a court.

Evalyn
Reply to  Kipp
10 months ago

Unfortunately these are different times.

Mary
1 year ago

The democrats do not believe in the Constitution as written. They believe in a living breathing Constitution meaning in can be changed to fit the needs of the democrats socialism party at any time. Their plot was stopped with the election of President Trump. They next tried to destroyed Justice Kavanaugh with lies about him. Now, they want to increase the number of Judges on the court. The democrats want to insert their ideologies on the American people. Example: look at all the Obama judges stopping President Trump’s immigration enforcement laws!!!

Evalyn
Reply to  Mary
10 months ago

So true….

Exnyorker
1 year ago

If we want to keep this USA a free nation we have to get rid of the Democrats. Socialism is a loser and any party advocating for the Communist or Fascist needs to be thrown out of the USA. We cannot let these infantile idiotic DEMS wreck our country any longer. We need to push back and obliterate them forever. They are immoral and lack love for their country. No moral thinking American can support thugs like this. They lie and cheat at every instant they can, I’m tired of them and when Nov.3, 2020 arrives with another whopping victory for President Trump they’re finished. I was a Teamster and a Democrat and that was 55 years ago and I left them all for dead. Democrats totally disgust me.

Donna Hildebrandt
1 year ago

I don’t understand why, if all that George Soros is accused of is true, isn’t he arrested, charged, tried, imprisoned and/or hanged for treason!

Evalyn
Reply to  Donna Hildebrandt
10 months ago

Yes you wonder why….probably because the Democrats are running the show.

Bob
1 year ago

Typical socialist behavior. This is what you get when you vote for a Democrat. RINOs and Independents are no better. VOTE TRUMP

Dove
1 year ago

Soros hates the US because he blames the US for Nazis failing to take over the world where he imagined himself being at the top of their world Nazi government. He made his first millions by helping to round up Hungarian Jews (which his family was) with his uncle. They got to go into the houses and take whatever they wanted first – like gold and silver. He put that into a Swiss account. So why is a convicted war criminal allowed in the US? Who got paid off when he came? Who still gets paid off? There are still warrants out for him in Hungary, Russia and Israel. All other found war criminals in the US have been deported. His nephew is married to Chelsea Clinton. His entire family is involved in the hate America scheme. Evil and good of people and families often carry on through their children and grandchildren. I fear this will be the case with him. When asked about it during an interview years ago he just laughed, admitted it and said if he didn’t do it someone would. That was many years ago and he knew then he could admit to being a war criminal and not get deported. Why is that?

Evalyn
Reply to  Dove
10 months ago

Unfortunately we don’t deport

dino
1 year ago

patriotic AMERICANS alone.You idiots are doing nothing but passing GAS

Evalyn
Reply to  dino
10 months ago

Great attitude Dino….not

Ed J
1 year ago

“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 to ultimately take away those very same freedoms and rights.

Evalyn
Reply to  Ed J
10 months ago

I’m sorry to say you unfortunately might be right.

Max
1 year ago

Great! Put it on the 2020 ballot. When Trump wins he’ll put a few more conservatives in.

Burnt Orange
1 year ago

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.

Evalyn
Reply to  Burnt Orange
10 months ago

I’m afraid you are right.

Gary
1 year ago

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 !!!!!

Evalyn
Reply to  Gary
10 months ago

I agree but I fear too many preachers have been bought or scared off by the Democrats.

Josephine pooley
1 year ago

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

Glenn Lego
1 year ago

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
1 year ago

Go Trump Go! 2020

Diana
1 year ago

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

Brenda Blunt
1 year ago

Soros needs to leave and go to Venezuela instead!!

Evalyn
Reply to  Brenda Blunt
10 months ago

That would be great except Soros is too busy spending his money to destroy our USA ??

Paul DAscenz
1 year ago

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.

Ertis Crumpler
Reply to  Paul DAscenz
1 year ago

Is it true that GS is married to someone that is related to Hillary Clinton?

Tom Hauser
1 year ago

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.

Evalyn
Reply to  Tom Hauser
10 months ago

Let’s DO IT

Veteran
1 year ago

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 agenda of destroying our country, the intended theft of all of America’s goods and property, and the enslavement of the American people under a socialist tyranny out of America’s public awareness until it is too late to change course. The Democrat Party is an organized crime syndicate to achieve this goal they have no compunctions about allying themselves and working with the Mexican drug cartels (Fast and Furious), islamic terror backing nations, the Muslim Brotherhood, Iran, the communist Chinese, and Putin’s Russia; to them the ends justify the means. The 2020 election is even more important than 2016 to preserve our nation, make sure you vote, and don’t vote Democrat!

El Ey
Reply to  Veteran
1 year ago

For the love of our beloved USA, please DO NOT vote for any Democrats. NO TO SOCIALISM and NO TO TAX INCREASES.
God bless America.