October 8, 2018

TURNING THE lEFT oRIGINALIST:

On the Left, Eyeing More Radical Ways to Fight Kavanaugh (Charlie Savage, Oct. 7, 2018, NY Times)

Facing a Supreme Court controlled by five solidly conservative justices, liberals have already started to attack the legitimacy of the majority bloc and discussed ways to eventually undo its power without waiting for one of its members to retire or die.

Some have gone as far as proposing -- if Democrats were to retake control of Congress and the White House in 2020 or after -- expanding the number of justices on the court to pack it with liberals or trying to impeach, remove and replace Justice Kavanaugh.

Either step would be an extraordinary violation of constitutional and political norms. No justice has been removed through impeachment. And a previous attempt at court packing, by President Franklin D. Roosevelt after a conservative-dominated Supreme Court rejected important parts of his New Deal initiatives during the Great Depression, is broadly seen as having been misguided.

Either step would also face steep odds. Some Republicans would have to go along for them to work: a court-expansion bill would need the support of 60 senators to overcome a filibuster, and while a simple majority of the House could vote to impeach, removal would require two-thirds of the Senate.

It's not a personnel problem; it's a jurisprudence problem.  The Executive and Legislative should join in declaring Marbury v. Madison to represent Judicial overreach and restore the limits on what issues are legitimately before the Court.

Posted by at October 8, 2018 4:30 AM

  

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