The left couldn’t prevent Kavanaugh’s confirmation — Here’s their latest Supreme Court strategy

3/11/19
 
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from FoxNews-The Ingraham Angle,
1/21/19:

Since their failure to prevent the confirmation of Brett Kavanaugh as a justice of the Supreme Court, strategists on the left have been debating ways to take back control of the high court. These range from term limits for justices to restricting the Court’s jurisdiction, but the one that will likely attract the most support – and will undoubtedly debut in the 2020 presidential race – is a re-run of FDR’s 1937 court-packing plan.

This issue was front and center in the Kavanaugh nomination fight, and was reawakened when Chief Justice Roberts rebuked President Trump’s remark about “Obama judges.”

Roberts was clearly trying to fight the notion that the courts are politicized, but his comment failed to acknowledge that there are in fact significant differences in judicial philosophy that account for most of the differences among judges. Judges appointed by conservative presidents often have different views of the role of the judiciary than judges appointed by liberal presidents, and these different outlooks – far more than political loyalties – account for the divergence in their decisions.

There is now a conservative majority on the Supreme Court, and thus their instinct will be to keep the judiciary out of controversies that can and should be resolved through the constitutional political system.

This brings us back to the Court-packing plan. It is unquestionably a serious threat to our constitutional system, and is unlikely to be popular with the American people. But it may work as a bluff – proposed simply to pressure Chief Justice Roberts and the court’s conservatives to back away from reforms that would reduce the power and reach of the administrative state.

Despite his clear judicial philosophy, Chief Justice Roberts’ votes on ObamaCare and other recent cases have signaled that he is also concerned about allowing the Court to make controversial decisions, and this encourages the proponents of a new court-packing plan to pursue their strategy.

If they succeed, and the Court’s conservatives abandon their reforms, it will simply repeat what happened in 1937, and the opportunity to restore the Congress-based representative democracy envisioned by the Framers will be lost.

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