Liberal Justice Stephen Breyer Brings the Fire Against Dems Who Have Ideas About Court Packing

Erin Schaff/The New York Times via AP, Pool

Liberals deified the late Supreme Court Justice Ruth Bader Ginsberg. But what they failed to recognize about her was how opposed to their political court-packing ambitions she was.


Ginsberg skewered the idea saying that if anything would appear political, the attempt to pack the court would be. It’s an explicit attempt to try to turn the court around to the politics of the party in power in the White House. She said that she was “not at all” in favor of that kind of a “solution.”

It’s clear that she wasn’t the only one on the liberal side who thought similarly.

Justice Stephen Breyer is hitting some of the media outlets to promote his new book, “The Authority of the Court and the Peril of Politics.” During the interviews for his book, he gave some insights into what he thought about the Democratic idea of court-packing. It sounds like he is just as against it as was Ginsberg.

“It seems to me you start changing all these things around and people will lose trust in the Court,” Breyer told Fox’s Chris Wallace.


Even the liberals on the Court like Breyer recognize how destabilizing that would be and aren’t in favor of it, even if the Democratic politicians are all for it.

He also spoke with NPR’s Nina Totenberg and said, “What goes around comes around. And if the Democrats can do it, the Republicans can do it.” Check this out, because it’s really an amazing interview. Breyer shows himself to be as much an institutionalist as was Ginsberg when it comes to preserving the integrity of the Court.

From The Hill:

Breyer’s book argues that public acceptance of the high court’s opinions have fortified the rule of law as essential to democracy, according to the news outlet.

In the NPR interview, Breyer pointed to comments former Senate Democratic Leader Harry Reid (Nev.) made following the 2000 presidential election, when the Supreme Court essentially ruled that George W. Bush won the race.

“He said the most remarkable thing about this case is, even though probably half the country didn’t like it at all, and it was totally wrong, in his opinion and in mine, people followed it, and they didn’t throw brickbats at each other and they didn’t have riots,” Breyer said.


Reid actually is against court-packing likely because he gets just like Breyer, what goes around comes around.

Breyer also made it clear to Totenberg he wasn’t going to be drawn on questions of when he would retire. Democrats have been throwing out a lot of calls for him to retire so Joe Biden could replace him with a younger justice.

Democrats have done so much to unhinge the rule of law ever since the Obama administration came in. If the Supreme Court, the last bastion, went under completely, we would be in deep trouble as a free constitutional republic.


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