Respectfully, Justice Breyer, court enlargers aren’t the problem
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He doesn’t believe in court-packing? Or see his conservative colleagues’ partisanship? Seriously?
Supreme Court Justice Stephen G. Breyer is an engaging, intellectually serious advocate of judicial modesty and compromise. Some years ago, he put forward an admirable concept he called “active liberty.” It asked judges to recognize “the principle of participatory self-government” as the heart of the Constitution’s purposes.
If I believed that today’s judicial conservatives shared Breyer’s inclination toward compromise and restraint, I might agree with his warnings last week against the movement to enlarge the Supreme Court.
Unfortunately, most right-wing judges are not who Breyer wants them to be, and the court on which he serves is not as apolitical as he wishes it were.
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