Harris and Schumer Target the Supreme Court
Democrats make clear that if they win, they’ll push measures to destroy the judiciary’s independence.
By
David B. Rivkin Jr.
and
Andrew M. Grossman
Aug. 25, 2024 3:23 pm ET
Democrats have made clear that if they win the presidency and Congress in November, they will attempt to take over the Supreme Court as well. Shortly after ending his re-election campaign, President Biden put forth a package of high-court “reforms,” including term limits and a “binding” ethics code designed to infringe on judicial authority. Kamala Harris quickly signed on, and Majority Leader Chuck Schumer has made clear that bringing the justices to heel is a top priority.
Democrats proclaim their devotion to democratic institutions, but their plan for the court is an assault on America’s basic constitutional structure. The Framers envisioned a judiciary operating with independence from influences by the political branches. Democratic “reform” proposals are designed to change the composition of the court or, failing that, to influence the justices by turning up the political heat, as President Franklin D. Roosevelt achieved with his failed 1937 court-packing plan.
Now as then, the court stands between a Democratic administration and its ambitions. The reformers’ beef is precisely that the court is doing its job by enforcing constitutional and statutory constraints on the powers of Congress and the executive branch.
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