The Democrats Are Flirting with the Destruction of the Judiciary

As the party’s nominee stays silent on the question, progressives continue to make noise about court-packing. They can’t be allowed to succeed.

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To this point, Joe 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.

David Harsanyi

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David Harsanyi

David Harsanyi is a senior writer at the Washington Examiner.

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