Judges Aren’t Partisan Hacks: Justices Barrett and Breyer Speak Out Against Court-Packing Threats - News - First Liberty

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Judges Aren’t Partisan Hacks: Justices Barrett and Breyer Speak Out Against Court-Packing Threats

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September 17, 2021
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by Jorge Gomez • 4 min read

As members of the Democratic Party recently doubled down on their calls to pack the U.S. Supreme Court, Justices Stephen Breyer and Amy Coney Barrett issued a series of responses to those pushing to rig the Court for ideological and political gain.

In an interview with Fox News, Justice Breyer warned of the dangers of altering the structure of the Court. When asked about the idea of increasing the number of justices on the bench, he responded:

“Well, if one party could do it, I guess another party could do it…On the surface it seems to me you start changing all these things around, and people will lose trust in the court.”

Breyer went on to emphasize that as a judge, his position is not to gain favor or approval from either of the major political parties:

“I’m there for everybody. I’m not just there for the Democrats. I’m not just there for the Republicans. And I’m not just there because a president was a Democrat who appointed me.”

Echoing Justice Breyer’s statements, Justice Amy Coney Barrett recently delivered a speech at the University of Louisville, in which she made it clear the Supreme Court does not exist to be an extension of whoever holds political power:

“…This court is not comprised of a bunch of partisan hacks… Judicial philosophies are not the same as political parties…and here’s the thing: Sometimes, I don’t like the results of my decisions. But it’s not my job to decide cases based on the outcome I want.”

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Justices Barrett and Breyer’s responses bring to the forefront one of the biggest dangers that court-packing poses to our country: destroying the independence of the judiciary.

As First Liberty experts have explained previously, an independent judiciary is a necessary building block of freedom and it’s crucial in the protection of our constitutional rights. Because once the courts are stacked with judges who will only serve to rubber stamp the agenda of one political party, it’s only a matter of time before our liberties and God-given rights (including religious freedom) are stripped away or decided by a select elite who holds political power.

What’s more, by turning judges into “politicians in robes”, court-packing not only threatens the priceless heritage of the Supreme Court, but also endangers our entire system of justice. A recent statement from U.S. Senator Mike Lee (R-UT) sheds light on why court-packing is so dangerous to the foundations of our republic, and to the Constitution itself:

“…When you move to change the composition of the court, not because there aren’t enough personnel to handle the job, but in order to change the political outcome of decisions they make, you’re reversing that central feature in the Constitution that makes our court system unique and very valuable.”

The recent uproar by radicals who want to allegedly “reform” the Court makes one thing crystal clear: Instead of an independent branch that serves to uphold the Constitution, proponents of court-packing want to use the Supreme Court as an instrument to consolidate power.

But even in the face of mounting pressure to stage a Supreme Court Coup, a growing majority of Americans are rejecting the scheme to stack liberal justices on the Court.

Over 300,000 patriots have already made their voices heard by joining First Liberty’s national coalition saying “no” to court packing. Will you join us in this critical effort to reach 1 million signatures and help save the priceless heritage of the Supreme Court?

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