David Harsanyi: Until Biden Takes a Stand on Court Packing, We Have To Assume He’d Destroy the Judiciary

David Harsanyi: Until Biden Takes a Stand on Court Packing, We Have To Assume He’d Destroy the Judiciary


Joe Biden says, “You’ll know my opinion on court-packing when the election is over.”

To this point, Biden hasn’t offered any position on court-packing, one of the gravest threats to the constitutional order in modern American history.

Whether he is too scared of offending a significant faction of his party or he believes it’s an idea worth considering, his silence is a reflection of a dangerous shift on the left.

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Progressives, of course, have a point. If the Supreme Court adheres to even the most rudimentary constitutional limits on state power, rather than surrendering to the impulses of majoritarian politics, it’s going to be a huge impediment to their agenda.

Indeed, they have the same motivation as President Franklin Roosevelt had when he attempted to expand the court in 1937: One-party rule.

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FDR revived a Woodrow Wilson plan to arbitrarily place political allies into the courts, one

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