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