Justice Stephen Breyer asserted his opposition to packing the Supreme Court in remarks he made yesterday at Harvard Law School. The Court’s authority, he said, relies on “a trust that the court is guided by legal principle, not politics.” So “[s]tructural alteration motivated by the perception of political influence can only feed that perception, further eroding that trust.”
Breyer made clear what he thought was at stake: “If the public sees judges as ‘politicians in robes,’ its confidence in the courts, and in the rule of law itself, can only diminish, diminishing the court’s power, including its power to act as a ‘check’ on other branches.”
Liberal dark-money groups — especially those in the vast Arabella Advisors network — are now quite mad at Breyer. They thought they paid for court-packing when they elected Joe Biden and the Senate Democrats, but apparently Breyer is not on board. (Of course, neither was his late colleague, Ruth Bader Ginsburg, who had also voiced her opposition to court-packing, but never mind that.)
Here is a sampling of their reactions to Breyer:
Fix the Court (funded by Arabella’s New Venture Fund):
Yesterday, Justice Breyer said, "If the public sees judges as ‘politicians in robes,’ its confidence in the courts […] can only diminish."
But doesn't the public *already* see judges as "politicians in robes."
— Fix the Court (@FixTheCourt) April 7, 2021
Take Back the Court (part of the Left’s “Unrig the Courts” coalition)
Public trust in the Supreme Court was lost when Republicans stole a seat from Barack Obama and confirmed another justice 8 days before an election that Trump appeared likely to lose.
We must expand the Court to RESTORE trust in the Supreme Court.https://t.co/NSa7bmGhSa
— Take Back the Court (@TakeBacktheCt) April 7, 2021
And of course, noted court-packing pusher, Brian Fallon of Demand Justice (funded by Arabella’s Sixteen Thirty Fund)
This is like when Georgia's Democratic politicians say they wish MLB didnt pull the All Star Game from Atlanta even as Obama applauded it.
Those on inside have to say things for their internal politics, but those on outside have different role to playhttps://t.co/PWJ2EuSpQ4
— Brian Fallon (@brianefallon) April 7, 2021
To be sure, Breyer’s remarks won’t help his case with these same groups who have been vigorously lobbying for his retirement. Fix the Courts has even set up a webpage wholly devoted to pressuring Breyer to retire.