ARRA News Service
News Blog for social, fiscal & national security conservatives who believe in God, family & the USA. Upholding the rights granted by God & guaranteed by the U.S. Constitution, traditional family values, "republican" principles / ideals, transparent & limited "smaller" government, free markets, lower taxes, due process of law, liberty & individual freedom. Content approval rests with the ARRA News Service Editor. Opinions are those of the authors. While varied positions are reported, beliefs & principles remain fixed. No revenue is generated for or by this "Blog" - no paid ads - no payments for articles. Fair Use Doctrine is posted & used.
Blogger/Editor/Founder: Bill Smith, Ph.D. [aka: OzarkGuru & 2010 AFP National Blogger of the Year]
Contact: (Pub. Since July, 2006)
    Home Page

One of the penalties for refusing to participate in politics is that you end up being governed by your inferiors. -- Plato (429-347 BC)

Friday, October 16, 2020

Court Packing Is No Hypothetical

Michael Barone
by Michael Barone: On Monday, Joe Biden finally broke his monthslong silence on court packing. Previously, he refused to take a stand -- "whatever position I take in that, that'll become the issue," he said in the Sept. 29 debate, said voters didn't "deserve to know" his position or would know it "when the election is over,"

His media cheerleaders like CNN's Don Lemon said questions about court packing were just "hypothetical" -- a tautology, since any question about what a candidate would do is hypothetical, since it depends on who wins the election.

But on Monday, Oct. 9, Biden changed his tune. In an interview with WKRC Cincinnati, he said: "I'm not a fan of court packing. But I don't want to get off on that whole issue." Presumably, he noticed that packing the Supreme Court doesn't poll well: a Washington Examiner/YouGov poll showed 47% of voters opposed to expanding the number of Supreme Court justices and only 35% in favor.

More evidence of its unpopularity is that Democrats stopped using the term "court packing" -- in common use since Franklin Roosevelt called for adding up to six new justices in 1937, 83 years ago -- and started arguing that adding new justices would be "depoliticizing." George Orwell, call your office.

More evidence of its unpopularity is that Democrats stopped using the term "court packing" -- in common use since Franklin Roosevelt called for adding up to six new justices in 1937, 83 years ago -- and started arguing that adding new justices would be "depoliticizing." George Orwell, call your office.

Biden's swerve is obviously unconvincing, and not just because he opposed court packing for years; he opposed government-paid abortions for decades, and then switched this cycle. "I'm not a fan of court packing," translated into English, means, "I'll pack the court if I get the votes." Which he might well: Polls show Biden well ahead and Democrats in shape to win a majority in the Senate. At which point, court packing could become one of the first orders of business.

Similarly, during the 2018 campaign, Democratic House candidates downplayed talk of impeachment, as my colleague Byron York notes. But once in office, these seemingly thoughtful moderates from upscale districts all dutifully voted for impeachment. Similarly, despite ominous polls, Speaker Nancy Pelosi squeezed out a majority for Obamacare in 2010. "Don't listen to what they say now," York tweets. "They'll do it if they can."

What would a packed Supreme Court, with four new seats giving Democratic-appointed justices a 7-6 majority (or 9-6 with six new seats), do? For a forecast, consider the recommendations of Harvard Law Professor Mark Tushnet, made back in May 2016 when he was looking forward to a Hillary Clinton presidency, which would have produced a 6-3 majority of Democratic-appointed justices.

Tushnet called for a "hard line" on "culture war" issues. He leaves little doubt he'd like a packed court to deny tax exemptions to churches which refuse to host same-sex marriages and to uphold banning of books attacking political candidates in the run-up to elections.

These are both positions that Obama administration lawyers told the Supreme Court would be serious possibilities after the Obergefell case legalizing same-sex marriage and after an overruling of Citizens United upholding corporations' free speech rights. The Heller decision upholding the "right to keep and bear arms" is a clear candidate for rollback.

Tushnet also calls for the summary overturning of the Casey precedent, which allows some state restrictions on abortions, and of Buckley v. Valeo, which said some campaign finance limitations violate the First Amendment. He would silently repeal part of the 1964 Civil Rights Act by fully embracing racial quotas and preferences in employment and education.

This doesn't exhaust the list of ways in which national policy could be permanently altered, over the objections of public opinion, by the activist liberal Supreme Court majority that's the goal of court packing advocates. The practical changes would be much greater than even an overturning of Roe v. Wade, which would leave in place laws allowing abortion in states where more than 80 percent of abortions have been taking place.

As a political issue, court packing has been dangerous not only for Biden but for Democratic Senate candidates. The Washington Examiner/YouGov poll shows that only 32% of independents favor court packing and only 30% of voters want a Supreme Court that is slightly, mostly or overwhelmingly liberal.

No wonder that Democratic Senate candidates, like Biden, have been scampering away from the issue, suggesting that they'd never support court packing while leaving them an excuse to do so.

So, there's an excellent chance President Biden and a Democratic Senate would violate longstanding norms by abolishing the filibuster and packing the Court: "The argument that we needed a Republican Congress to keep President Clinton in check is what helped Senate Republicans run 2 points ahead of Trump in 2016," writes Republican consultant Patrick Ruffini. Will a similar argument hold the Senate or the presidency for Republicans this year?
Michael Barone is a senior political analyst for the Washington Examiner, resident fellow at the American Enterprise Institute and longtime co-author of The Almanac of American Politics. H/T Rasmussen Reports.
Tags: Michael Barone, Court Packing, Is No Hypothetical, Rasmussen Reports To share or post to your site, click on "Post Link". Please mention / link to the ARRA News Service and "Like" Facebook Page - Thanks!
Posted by Bill Smith at 5:05 PM - Post Link


Post a Comment

<< Home

View U.S. National Debt

Don't miss anything!
Subscribe to the
ARRA News Service
It's FREE & No Ads!

You will receive a verification email
& must validate you subscribed!

You Then Receive One Email Each AM
With Prior Days Articles / Toons / More

Also, Join & leave conservative posts & comments on

Recent Posts:
Personal Tweets by the editor:
Dr. Bill - OzarkGuru - @arra
#Christian Conservative; Retired USAF & Grad Professor. Constitution NRA ProLife schoolchoice fairtax - Editor ARRA NEWS SERVICE. THANKS FOR FOLLOWING!

Action Links!
State Upper & Lower House Members
State Attorney Generals
State Governors
The White House
US House of Representatives
US Senators

Facebook Accts - Dr. Bill Smith
ARRA News Service
Arkansans Against Big Government
Alley-White Am. Legion #52
Catholics & Protestants United Against Discrimination
End Taxpayer Funding of NPR
Overturn Roe V. Wade
Prolife Soldiers
Project Wildfire 4 Life
Republican Liberty Caucus of Arkansas
The Gold Standard
US Atty Gen Loretta Lynch, aka Eric Holder, Must Go
Veterans for Sarah Palin
Why Vote for Hillary (Satire)
FB Groups:
Arkansas For Sarah Palin
Arkansas Conservative Caucus
Arkansas County Tea Party
Arkansans' Discussion Group on National Issues
Blogs for Borders
Conservative Solutions
Conservative Voices
Defend Marriage -- Arkansas
FairTax Nation
Arkansas for FairTax
Friends of the TEA Party in Arkansas
Freedom Roundtable
Pro-Life Rocks - Arkansas
Republican Network
Republican Liberty Caucus of AR
Reject the U.N.


Request Via
Article Comment

Links to ARRA News
A Patriotic Nurse
Agora Associates
a12iggymom's Blog
America, You Asked For It!
America's Best Choice
ARRA News Twitter
As The Crackerhead Crumbles
Blogs For Borders
Blogs for Palin
Blow the Trumpet Ministry
Boot Berryism
Cap'n Bob & the Damsel
Chicago Ray Report - Obama Regime Report
Chuck Baldwin - links
Common Cents
Conservative Voices
Diana's Corner
Greater Fitchburg For Life
Lasting Liberty Blog
Liberal Isn't Amy
Marathon Pundit
Patriot's Corner
Right on Issues that Matter
Right Reason
Rocking on the Right Side
Saber Point
Saline Watchdog
Sultan Knish
The Blue Eye View
The Born Again Americans
TEA Party Cartoons
The Foxhole | Unapologetic Patriot
The Liberty Republican
The O Word
The Path to Tyranny Blog
The Real Polichick
The War on Guns
Twitter @ARRA
Underground Notes
Warning Signs
Women's Prayer & Action

Editor's Managed Twitter Accounts
Twitter Dr. Bill Smith @arra
Twitter Arkansas @GOPNetwork
Twitter @BootBerryism
Twitter @SovereignAllies
Twitter @FairTaxNation

Editor's Recommended Orgs
Accuracy in Media (AIM)
American Action Forum (AAF)
American Committment
American Culture & Faith Institute
American Enterprise Institute
American Family Business Institute
Americans for Limited Government
Americans for Prosperity
Americans for Tax Reform
American Security Council Fdn
AR Faith & Ethics Council
Arkansas Policy Foundation
Ayn Rand Institute
Bill of Rights Institute
Campaign for Working Families
CATO Institute
Center for Individual Freedom
Center for Immigration Studies
Center for Just Society
Center for Freedom & Prosperity
Citizens Against Gov't Waste
Citizens in Charge Foundstion
Coalition for the Future American Worker
Competitive Enterprise Institute
Concerned Veterans for America
Concerned Women for America
Declaration of Am. Renewal
Eagle Forum
Family Research Council
Family Security Matters
Franklin Center for Gov't & Public Integrity
Freedom Works
Gingrich Productions
Global Incident Map
Great Americans
Gold Standard 2012 Project
Gun Owners of America (GOA)
Heritage Action for America
David Horowitz Freedom Center
Institute For Justice
Institute for Truth in Accounting
Intercollegiate Studies Institute
Judicial Watch
Less Government
Media Reseach Center
National Center for Policy Analysis
National Right To Work Foundation
National Rifle Association (NRA)
National Rifle Association (NRA-ILA)
News Busters
O'Bluejacket's Patriotic Flicks
Open Secrets
Presidential Prayer Team
Religious Freedom Coalition
Renew America
Ron Paul Institute
State Policy Network
Tax Foundation
Tax Policy Center
The Club for Growth
The Federalist
The Gold Standard Now
The Heritage Foundation
The Leadership Institute
Truth in Accounting
Union Facts

Blogs For Borders

Reject the United Nations

Presidential Prayer Team

Thousands of Deadly Islamic Terror Attacks Since 9/11

FairTax Nation on FaceBook
Friends of Israel - Stand with Israel
Blog Feeds
Syndicated - Get the ARRA News Service feed Syndicated!
ARRA Blog Feed

Add to Google Reader or Homepage

Add to The Free Dictionary

Powered by Blogger

  • To Exchange Links - Email:!
  • Comments by contributing authors or other sources do not necessarily reflect the position the editor, other contributing authors, sources, readers, or commenters. No contributors, or editors are paid for articles, images, cartoons, etc. While having reported on and promoting principles & beleifs beliefs of other organizations, this blog/site is soley controlled and supported by the editor. This site/blog does not advertise for money or services nor does it solicit funding for its support.
  • Fair Use: This site/blog may contain copyrighted material the use of which has not been specifically authorized by the copyright owner. Such material is made available to advance understanding of political, human rights, economic, democracy, and social justice issues, etc. This constitutes a 'fair use' of such copyrighted material as provided for in section Title 17 U.S.C. Section 107 of the US Copyright Law. Per said section, the material on this site/blog is distributed without profit to readers to view for the expressed purpose of viewing the included information for research, educational, or satirical purposes. Any person/entity seeking to use copyrighted material shared on this site/blog for purposes that go beyond "fair use," must obtain permission from the copyright owner.
  • © 2006 - 2020 ARRA News Service
Creative Commons License
Creative Commons Attribution Noncommercial Share Alike 3.0 Unported License.