Supreme Court Plays It Down the Middle | Beaufort County Now | Court packing would only ruin the ideological balance.

Coronavirus Disease 2019 (COVID-19)
Publisher's Note: This post appears here courtesy of the LifeZette. The author of this post is David Kamioner.

    The Supremes, regardless of ideological alignment, are looking at cases issue by issue and making fair decisions. This flies in the race of leftist complaints of a conservative court that needs changing by packing the court. Law Professor Jonathan Turley provides details.

    Turley: "Tuesday the Supreme Court issued two more unanimous decisions in Garland v. Dai and United States v. Cooley. This follows two unanimous decisions last week. The weekly display of unanimity is notable given the calls by Democratic leaders to pack the court.

    This week I wrote on my blog about how the heavy-handed campaigns might backfire with the justices. As we await important and likely divided decisions on issues like abortion, Chief Justice John Roberts and his colleagues seem to be sending a message that the court is not as rigidly ideological as Democratic members and activists suggest.

    In the Garland case, the court ruled (again) unanimously to reverse the Ninth Circuit in an opinion written by Justice Neil Gorsuch on the rule in immigration disputes regarding the credibility of noncitizens' testimony.

    In Cooley, the court unanimously ruled in an opinion by Justice Stephen Breyer that a tribal police officer has authority to detain temporarily and to search a non-Native American traveling on a public right-of-way running through a reservation.

    Last week, there were two unanimous opinions making this six 9-0 rulings in two weeks. Justice Sonia Sotomayor wrote the opinion in United States v. Palomar-Santiago, an immigration decision that ruled for the government and against an immigrant. It also ruled unanimously in Territory of Guam v. United States, in an opinion written by Justice Clarence Thomas. The court ruled in favor of Guam on the collection of funding from the U.S. government to remediate environmental pollution on the island.

    This is an extraordinary litany of unanimous decisions and could in part reflect an implied message from the justices that this is a court that is not nearly as rigid and divided as some believe. Recently, Breyer warned against any move to expand the Supreme Court. He also rejected the characterization of the current court as 'conservative' or ideologically rigid.

    Breyer was swiftly denounced by figures like cable news host Mehdi Hasan, who said he was 'naive' and called for his retirement. Demand Justice, a liberal group calling for court packing, had a billboard truck in Washington the next day in the streets of Washington warning 'Breyer, retire. Don't risk your legacy.' (Demand Justice once employed White House press secretary Jen Psaki as a communications consultant, and Psaki was on the advisory board of one of its voting projects.)

    Other justices have denounced such court-packing schemes. Shortly before she died, Ruth Bader Ginsburg publicly warned against the move: 'If anything would make the court look partisan, it would be that — one side saying, 'When we're in power, we're going to enlarge the number of judges, so we would have more people who would vote the way we want them to...'"

    The litany of unanimous rulings amplifies the fact that most cases are resolved with compromise and different alignments of the justices. There are always 'big ticket' cases that produce more ideological divisions but they are the exception rather than the rule for the court. These are honest ideological differences and we want the justices to be consistent on their underlying principles. However, most of the work of the court remains less ideologically driven on issues ranging from statutory interpretation to evidentiary rules."

Go Back

HbAD0

Latest Op-Ed & Politics

Wonder what those money are carrying to expose people to
The suspect who took several people hostage in a Texas synagogue on Saturday is reportedly dead and all hostages are safe.
The Democrat-dominated Buncombe County Board of Commissioners wants to join the legal fight against North Carolina’s new election maps.
The White House appeared to cut out remarks made by a reporter during Friday’s press briefing from the administration’s official transcript of the event.
Governor Cooper cautioned people to stay home today and stay safe, as most roads remain snow and ice covered, and thousands of homes and businesses in some coastal counties are without power.
Law enforcement officials in Texas are negotiating with a man who has allegedly taken hostages during services at a synagogue in Colleyville, which is located in the Dallas-Fort Worth area.
Governor Roy Cooper and state officials are advising residents to not let their guard down

HbAD1

The family of Gabby Petito will say in a “60 Minutes” interview set to air Sunday that they believe Brian Laundrie’s parents know where he is.
White fragility. Equitable math. The invisible knapsack. These critical theory terms and practices are now common in North Carolina’s public K-12 schools.
The death of a democratic republic is not a new possibility; it has happened before in the pantheon of World history, and it can happen again; but, who will be to blame?
My previous research brief discussed that last year Gov. Roy Cooper pledged over $1.3 billion in corporate welfare to just 58 corporations from state “economic development” incentives programs whose stated purposes are about “job creation.”
President Joe Biden has had a terrible few months, with numerous aspects of his agenda getting blocked in congress by even members of his own party.
Hang onto your seats, everyone. Tired of your grocery bill going up and up each week?
Since at least October 2020, we have been trying to find out how many of North Carolina’s Covid-19 hospitalizations were for people whose Covid infection was so bad that it put them in the hospital

HbAD2

 
Back to Top