by First Liberty Institute • 5 minutes
At a CNN town hall on October 23, a voter asked Vice President Kamala Harris if she would be open to expanding the number of justices on the U.S. Supreme Court. Harris indicated openness to such a proposition, saying, “I do believe there should be some kind of reform of the Court.” During the 2020 election, Harris said she was “open” to court-packing. She previously co-sponsored a bill that would force the high court to adopt an “ethics code.”
Harris also said she’d be open to changing the filibuster, a rule that requires 60 votes before a bill can get an up-or-down vote in the U.S. Senate. “We need to take a look at the filibuster, to be honest with you,” Harris said.
Some politicians have proposed getting rid of the Senate filibuster or “reforming” it to drop the hurdle to just 51 votes. This would enable some in power to ram through court-packing legislation and a host of other dangerous court “reform” ideas.
In addition to expanding the Court, many politicians are pushing for sweeping changes that include ending life tenure for justices and giving Congress the power to oversee the Court’s ethics. Others are calling to destroy the Court’s power of judicial review with proposals that prevent the Court from hearing certain cases. Many of these ideas are unconstitutional and would destroy judicial independence and the rule of law. They’re also a threat to Americans’ civil liberties.
With Election Day upon us, presidential candidates Donald Trump and Kamala Harris have not fully explained their positions on this crucial issue.
What is known right now about Harris’ position is what’s on her campaign website:
“She will also support common-sense Supreme Court reforms—like requiring Justices to comply with ethics rules that other federal judges are bound by and imposing term limits—to address the crisis of confidence facing the Supreme Court.”
Former President Trump has criticized recent plans to overhaul the Court. “The Radical Left Democrats are desperately trying to ‘Play the Ref’ by calling for an illegal and unConstitutional attack on our SACRED United States Supreme Court. The reason that these Communists are so despondent is that their unLawful Witch Hunts are failing everywhere,” Trump wrote on Truth Social back in July.
The Supreme Court is one of the most consequential institutions in the nation. Opinions issued by the justices have a deep and lasting impact on the lives of Americans. Often, the Supreme Court is the last line of defense that protects Americans whose liberties have been attacked. It’s their final hope to have their rights vindicated and freedoms restored.
So-called court “reforms” like court packing would convert the judiciary into a subsidiary of the other branches, destroying our country’s constitutional order.
While some are attempting to take control of the Supreme Court by any means necessary, Americans have made it clear the last thing they want is a Supreme Court Coup. Most oppose radical court “reform”, according to a recent Mason-Dixon poll commissioned by First Liberty.
52% oppose amending the U.S. Constitution to alter the Supreme Court’s structure. On court-packing, 59% oppose expanding the size of the Supreme Court. 76% say expanding the court is primarily motivated by political objectives and 64% believe packing the Supreme Court threatens civil liberties.
60% believe giving Congress the power to enforce a “code of ethics” would violate the separation of powers. 57% say this proposal threatens judicial independence.
63% oppose politically motivated attacks aimed at discrediting and destroying the reputation of justices, with about half (49%) saying this is dangerous to judicial independence.
The future of our judicial system and the rule of law is at stake. Elections have consequences and the Supreme Court is on the ballot. As Americans prepare to vote, they deserve to know what all the presidential candidates plan to do with the Supreme Court.
Read More:
NPR: What could happen at the Supreme Court under Harris and Trump
by Nina Totenberg
The upcoming election, less than a week away, could reshape the U.S. Supreme Court—or not, depending on retirements, deaths, or other unforeseen events.
Fox News: Harris entertains Supreme Court-packing question during town hall, supports ‘some kind of reform’
by Greg Norman
Vice President Kamala Harris declared she’s open to “some kind of reform” of the Supreme Court when asked during a CNN town hall if she would support expanding the number of justices to 12.
Wall Street Journal: The Supreme Court’s Future is on the Ballot
by WSJ Editorial Board
Harris endorses a wholesale restructuring of the judiciary and breaking the Senate filibuster rule to pass it.
The Hill: Opinion | Kamala Harris and Democrats will pack the Supreme Court if they win
by Robert Luther III
For the past four years, Democrats have been laying the groundwork to pack the court. If they win the Senate, House and White House, they will do it.
New York Times: The 2024 Stakes for Judges
by Ian Philbrick
On Tuesday, Americans will elect the next president and hundreds of Congress members. In doing so, voters will also shape the third branch: the judiciary.
Wall Street Journal: Harris Backs Supreme Court Reform, Doesn’t Offer Details
by Catherine Lucey
Vice President Kamala Harris said she supports “some kind of reform” of the Supreme Court, but didn’t say if she would support expanding the number of justices.
Fox News: Kamala Harris slammed for pushing ‘insane’ Supreme Court reforms
by Fox & Friends
Fox News legal analyst Greg Jarrett joined ‘Fox & Friends’ to discuss his reaction to VP Kamala Harris’ openness to reform the Supreme Court and why he believes voters will push back against her initiatives.
Townhall: Kamala Vows to Destroy the Supreme Court
by Katie Pavlich
Speaking during a town hall with CNN Wednesday night, Vice President Kamala Harris entertained a court packing scheme that would destroy the U.S. Supreme Court should she be elected president in November.
Arizona Mirror: Reforms at the U.S. Supreme Court: Where do Harris and Trump stand?
by Ashley Murray
Politicians have increasingly cried out for changes to the nation’s highest court, and the 2024 presidential election reflects a clear party divide over how Supreme Court justices should behave and whether they should remain on the bench for life.
The Federalist: Here Are All The Radical Plans Democrats Will Ram Through Congress If They Nuke The Filibuster
by Author
Vice President Kamala Harris’ campaign is promising that if she’s elected president and the numbers in the House and Senate are favorable, they will eliminate the Senate filibuster. One of their aims is to stack the Supreme Court under the guise of judicial reform.
Law Enforcement Today: Opinion | The Future of both the Supreme Court and Second Amendment rights are on the 2024 ballot
by Larry Keane
There’s one very real threat this election cycle. And one that voters have had a significant effect on in previous elections. That’s the composition of the U.S. Supreme Court.
IF WE LOSE THE SUPREME COURT, WE LOSE OUR COUNTRY
First Liberty Institute is leading the charge to protect America’s judiciary and our constitutional freedoms. Fighting for religious freedom, or any constitutional freedom, means nothing if our system of justice is gone.
Learn more about this effort at SupremeCoup.com
We need your help to keep spreading the truth. Your financial support will provide the resources needed to expose the radical plan to destroy our judicial system and to continue winning legal victories for religious freedom.
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