COUP REPORT: Liberal Justice Stephen Breyer forcefully opposes court packing

[Leroy N. Soetoro]

https://www.foxnews.com/politics/stephen-breyer-liberal-supreme-court-
justice-hits-back-at-court-packing-calls

Justice Stephen Breyer, one of the foremost liberal justices on the
Supreme Court, warned against "court-packing" in a lecture to Harvard Law
School on Tuesday even as many on the left are calling for President Biden
and the Democratic Senate to do so.

Breyer's lecture was centered around the importance of institutional trust
in the court. He said that politically-driven changes to the Supreme Court
risked doing damage to the rule of law in the United States.

"Our power, the court's power, has to depend on the public's willingness
to respect its decision," Breyer said. "Respect even those decisions they
disagree with... even when they think the decision is seriously mistaken."

"Proposals have been recently made to increase the number of Supreme Court
justices. I'm sure that others will discuss related political arguments,"
he said. "This lecture reflects my own effort to be certain that those who
are going to debate these questions ... also consider an important
institutional point. Consider it. Namely, how would court-packing reflect
and affect the rule of law itself?"

He continued: "Discussion of institutional change should include
discussion of certain background matters such as the trust that the court
has gradually built. The long period of time needed to build that trust."

These considerations convince me that it is wrong to think of the court as
just another political institution and it is doubly wrong to think of its
members as junior league politicians

— Justice Stephen Breyer
Breyer discussed the origins of the term court-packing -- when former
President Franklin Delano Roosevelt out of frustration with the Supreme
Court pushed for a plan that would let him add six new justices to the
bench.

"Between 1933 and 1936, the court overturned federal legislation at times
the rate it 10 had done previously. So many thought the court had left
Roosevelt's initial New Deal recovery plan in tatters," Breyer said.

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In the wake of a very successful 1936 election for Roosevelt, he proposed
his court-packing plan, framed as a way to help with its workload. "Most
people understood the true object of the plan was packing the court,"
Breyer said.

Shortly thereafter, however, the court stopped habitually ruling against
Roosevelt's New Deal policies. Some called it the "switch in time that
saved nine."

Some on the left rejected Breyer's guidance, however, as they continued to
push for politically motivated court-packing.

"[R]etire," tweeted "The Week" correspondent Ryan Cooper.

"This is like when Georgia's Democratic politicians say they wish MLB
didnt pull the All Star Game from Atlanta even as Obama applauded it,"
Brian Fallon, the executive director at Demand Justice, tweeted. "Those on
inside have to say things for their internal politics, but those on
outside have different role to play."

Demand Justice itself also doubled down on its court-packing demands.

"Expand the Supreme Court," it said in one tweet.

Biden was asked repeatedly during the presidential campaign whether he
would support packing the Supreme Court. He said that he would only tell
voters how he felt on the issue after he was elected. But he still has not
revealed his position on the issue.

Breyer also cited a number of recent cases as examples of how the court's
authority has been widely accepted because of Americans' trust in it.

One of them was Bush v. Gore, the case that essentially decided the 2000
presidential election.

Structural alteration motivated by the perception of political influence
can only feed that latter perception, further eroding that trust.

— Justice Stephen Breyer
"Harry Reid, the Senate leader, a Democrat who probably also thought that
that decision was wrong, later said that the most remarkable feature of
the decision could have been ... the nation followed the decision without
violent riots, without the throwing of stones in the streets, and the
losing candidate, Al Gore, told his supporters don't trash the Supreme
Court," Breyer said.

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Breyer also cited cases upholding the Affordable Care Act, the right to
abortion and more liberal causes.

"If the public sees judges as politicians in robes, its confidence in the
courts and in the rule of law can only diminish, diminishing the court's
power, including its power to act as a check on other branches," he said.



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