(HorizonPost.com) – The number of justices on the Supreme Court of the United States (SCOTUS) is determined by Congress and not through the Constitution. It has varied through the years before landing on its current nine-member set up. This led to speculation during the 2020 election cycle that the Democrats would attempt to increase the number of justices so that those with Liberal viewpoints would outnumber Conservative — a scheme known as “court-packing.”
President Bill Clinton nominated Justice Stephen Breyer, and the Senate confirmed him in August 1994. He tends to interpret laws and the Constitution through a Liberal lens. So, perhaps the Progressives should note his words of warning before they consider moving forward with that kind of plot. Specifically, Justice Breyer cautions they need to “think long and hard before embodying those changes in the law.”
At Harvard Law’s annual Scalia Lecture, Justice Breyer warns against court packing: “Structural alteration motivated by the perception of political influence can only feed that perception, further eroding that trust.”https://t.co/Vxgc1wQo9b
— Christopher J. Scalia (@cjscalia) April 7, 2021
He pushed back against calling the Court Conservative, noting their refusal to enter the fray over alleged election fraud and upholding Obamacare as examples of balance from their bench. Intentionally building the court as a political entity, he said, would only diminish the public’s trust in the judicial branch.
Copyright 2021, HorizonPost.com