- Moderator
- #1
Throughout the most of the 20th century the court system was used by the left to push through what were unpopular agendas at their time that they could never get done through Congress. Yet, at no point, when their agenda was being forced on the country via judicial fiat did they call the courts illegitimate, did they demand increasing the size and packing the Supreme Court with sympathetic judges, or adding term limits. In fact, they only time they did this was when they didn't get their way. FDR was famous for bullying the courts. He threatened the Court regularly, especially after striking down his New Deal package. He went so far as to advocate for a mandatory retirement age which would result in new court appointments he would be able to make, but even members of his own party were too skittish to move forward with that. His threats were enough, however, to get Justice Owen Roberts to flip his initial rulings and side with the leftists on the court to allow these new programs through.
Probably, the most egregious case of judicial activism was in 1973 when Roe v Wade was decided by the Berger Court, completely fabricated a right to privacy, that never existed in the 14th Amendment, so that they could push their own will on the American people. Many people, including abortion activists, were upset with how this decision was derived, but again, no demands for court packing by the Democratic Party. This has been followed by plenty of other poorly made decisions over the years, such as Kelo v New London and the upholding of ObamaCare, both of which greatly expanded the role of government. Yet again, no demands for changes to the court by the Democratic Party.
Fast forward to a point when a more conservative court is now shifting back towards originalism and the left is up to their old antics again, screeching about their legitimacy, warning us about how the Court is a "threat" to democracy. The Supreme Court only seems to be a threat to the American way of life when the left doesn't get their way. Congressman Ro Khanna seems to be taking a page from FDR in advising that Biden run for reelection by adding SCOTUS term limits to his platform.
The danger in this, of course, is that this will kick off a permanent politicization (moreso than it already is) of the Court for years, even decades, to come. We're already seeing this initial creep with the presidential impeachment process. There is another problem with Khanna's comments. It's not the job of SCOTUS to have "understanding of modern American life." Their job is to enforce the Constitution as written. We have an amendment process to keep up with the changing times, but it's rarely used. Instead, the courts have been hijacked over the years with activist jurists to fast track policy changes the public aren't necessarily ready for and we've seen the result of that. Every election year of my life and every federal high court appointment has been a bloody fight between pro-choice and pro-life advocates. This could have been avoided if the Berger court had simply done their job, ruled against Roe and said this was a job for Congress, not the courts, and let things play out over time. We shouldn't have a politicized court. If the justices on the Court are doing their jobs we should have more 9-0 decisions and less 5-4. Judges who can't understand their role, shouldn't be there.
Probably, the most egregious case of judicial activism was in 1973 when Roe v Wade was decided by the Berger Court, completely fabricated a right to privacy, that never existed in the 14th Amendment, so that they could push their own will on the American people. Many people, including abortion activists, were upset with how this decision was derived, but again, no demands for court packing by the Democratic Party. This has been followed by plenty of other poorly made decisions over the years, such as Kelo v New London and the upholding of ObamaCare, both of which greatly expanded the role of government. Yet again, no demands for changes to the court by the Democratic Party.
Fast forward to a point when a more conservative court is now shifting back towards originalism and the left is up to their old antics again, screeching about their legitimacy, warning us about how the Court is a "threat" to democracy. The Supreme Court only seems to be a threat to the American way of life when the left doesn't get their way. Congressman Ro Khanna seems to be taking a page from FDR in advising that Biden run for reelection by adding SCOTUS term limits to his platform.
“President Biden should run on term limits in 2024. If he does, it will perhaps wake the court up so that they stop showing contempt for American public sentiment,” said Democratic Rep. Ro Khanna of California, according to the WSJ. He called for 18-year term limits for future Supreme Court justices, saying the court is “dominated by stubborn, old, extremist jurists who have contempt and little understanding for modern American life.”
Democrats Hound Biden To Pack The Supreme Court, Establish Term Limits After More Decisions They Don’t Like
Biden is facing calls from activists in his own party to shake up the Supreme Court after a number of unfavorable decisions for Democrats were released.dailycaller.com
The danger in this, of course, is that this will kick off a permanent politicization (moreso than it already is) of the Court for years, even decades, to come. We're already seeing this initial creep with the presidential impeachment process. There is another problem with Khanna's comments. It's not the job of SCOTUS to have "understanding of modern American life." Their job is to enforce the Constitution as written. We have an amendment process to keep up with the changing times, but it's rarely used. Instead, the courts have been hijacked over the years with activist jurists to fast track policy changes the public aren't necessarily ready for and we've seen the result of that. Every election year of my life and every federal high court appointment has been a bloody fight between pro-choice and pro-life advocates. This could have been avoided if the Berger court had simply done their job, ruled against Roe and said this was a job for Congress, not the courts, and let things play out over time. We shouldn't have a politicized court. If the justices on the Court are doing their jobs we should have more 9-0 decisions and less 5-4. Judges who can't understand their role, shouldn't be there.
