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Calls for Court Packing Resurge After Leaked Draft of Supreme Court Opinion

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May 6, 2022
Fli Insider | Renewed Calls for Court Packing

by First Liberty Institute • 5 min read

Politico recently published a leaked draft of a Supreme Court opinion in Dobbs v. Jackson. It suggests the Court could be on the verge of striking down Roe v. Wade, the decision that made abortion legal in all 50 states.

The Supreme Court is an institution that must operate with a deep sense of trust, separate from the vengeful politics of the day. This leak is a significant breach of that trust—it is a betrayal of the Court’s integrity and could destabilize our revered system of justice.

But that’s not the only damaging consequence. Despite an overwhelming majority of Americans rejecting the idea, in response to this leaked opinion, Americans are already seeing renewed calls to pack the Court.

Because the potential outcome would not favor their political agenda, the Left immediately revived its radical Supreme Court Coup. Here’s what some said following the leak (emphasis added):

“A stolen, illegitimate, and far-right Supreme Court majority appears set to destroy the right to abortion, an essential right which protects the health, safety, and freedom of millions of Americans. There is no other recourse. We must expand the court.” – Sen. Ed Markey

“Overturning Roe would put the lives of women across the country at risk. It would fly in the face of decades of precedent and the overwhelming majority of public opinion. And they will not stop here. Expand the court.” – Rep. Ilhan Omar

“Abolish the filibuster. Codify Roe. Expand the Supreme Court. Protect abortion rights by any means necessary. We need all of the above. This is an emergency.” – Rep. Cori Bush

I don’t care how the draft leaked. That’s a sideshow. What I care about is that a small number of conservative justices, who lied about their plans to the Senate, intend to deprive millions of women of reproductive care. Codifying Roe isn’t enough. We must expand the court.” – Rep. Adam Schiff

Their response exposes what court-packing really is: A brazen power grab. The Left’s proposals to add more seats and “reform” the Supreme Court are nothing but a disguise to rig the judicial system in their favor.

Instead of an independent branch, proponents of court-packing view the Supreme Court as a tool to rubber stamp their radical policies. Any ruling that doesn’t go their way provides one more excuse to advocate the addition of partisan justices. The Left’s scheme to stage a Supreme Court Coup has always been about getting around decisions they don’t like.

Recall this isn’t the first time the Left has reacted this way.

Last September, the Supreme Court declined to halt Texas’ abortion law. This prompted several Democrats to take to Twitter and double down on their plot to overthrow America’s highest court:

Court-packing is dangerous. It threatens the integrity and independence of the Supreme Court. If implemented, the result would be catastrophic for our country. It would be the gateway to tyranny, the beginning of an America where religious liberty and all other freedoms granted by God are denied by the heavy hand of government.

Other nations offer us a sobering lesson. Tyrants are infamous for destroying judicial independence and manipulating the courts to remove opposition, consolidate power and exert total control over citizens. We can point to the erosion of fundamental freedoms in Venezuela, Argentina, Hungary and Russia—places where the select, ruling elite packed the courts or rigged the judicial system for their benefit.

Though court-packing is presented as a benign “reform,” this scheme would do more to “deform” the Court. It would disfigure the original intent of the judiciary, reducing our nation’s most trusted institution into a hyper-partisan tool, a “tribunal” freighted with political hacks, “politicians in robes” waiting for instructions from party headquarters.

Once the judiciary becomes a rubber-stamp for the pleasure and policies of those in power, the rule of law would be all but extinct in our nation. It wouldn’t be long before Americans lose confidence in the authority of the courts, knowing that politics trump the law.

Americans must step up and reject this blatant Supreme Court Coup.

More than 400,000 Americans have already made their voice heard by joining First Liberty’s national coalition of patriots who are saying “NO!” to court packing. With your help, we’ve already made a tremendous impact in stopping this radical scheme.

Make no mistake, however. Court-packing advocates are more emboldened than ever. They are not going to stop until they get their way.

WE URGE YOU: Please donate to First Liberty today. Your support is critical in this effort. Together, we can help save the priceless heritage of the Supreme Court.

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