Packing The Supreme Court? Fuhgeddaboudit!

After the Supreme Court ruled that President Donald Trump could deport certain illegal aliens (i.e., Democrat voters), the Democrats are once again clamoring to pack the Supreme Court with ideological fanatics who would vote in favor of censorship and religious persecution and eliminating restrictions on illegal immigration. This is something that they plan on doing if and when they control the government, as they did with the Biden regime.

They even floated the idea at the state level when Virginia’s Supreme Court nixed the Democrats’ clumsy attempt at redistricting. Some of them practically had a nervous breakdown while others formulated a plan to convert SCOVA into an ideological puppet.

Since Democrats keep stating their goal to pack the Supreme Court, something needs to be stated and restated and restated again: that would be Congressional overreach.

Just as in the past, some of the executive’s actions have been nullified by SCOTUS as executive overreach, and just as some of Congress’ actions have been likewise nullified as congressional overreach, the U.S. Supreme Court is an independent, separate branch of government. Any attempt by Congress and/or the presidency to dictate to SCOTUS how to rule on cases, or how many justices can be in the Court, would be considered by SCOTUS to be overreach and, thus, null and void.

It is true that the Constitution never stated the number of justices to be residing in the Supreme Court, and it is also true that Congress passed laws in 1789, 1807, and 1869 establishing the number of justices.

However, three points need to be made. First, no one challenged the laws as to their constitutionality; if such a law is passed in the future, then it could be challenged, even by one of the sitting justices. Second, such a law could be found to be unconstitutional by the sitting Court. Lastly, the judiciary and the executive branches have developed rules that pertain to their own function. The Supreme Court could do just the same.

However, the whole basis for SCOTUS integrity depends on whether the justices have backbones, and we have seen plenty of evidence in the recent past that many conservatives don’t have backbones.

Armando Simón is a retired psychologist and historian. He is the author of numerous books, including “Humorous Stories of The Great Pandemic of 2020.”

Views expressed by guest contributors to Issues & Insights are their own and don’t necessarily reflect the views of the I&I Editorial Board.

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