Judical Crisis Network President Discusses Democrats Attempt to Expand Supreme Court
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- And joining us now, Carrie Severino,
president of the Judicial Crisis Network.
Carrie, it's great to haveyou with us this evening.
So Speaker Pelosi says
she won't bring this bill to the floor.
But it doesn't end there becauseshe wants to wait and see
what the commission brings forward.
Carrie, where does this go from here?
- Yeah, well, the commissionthat Biden has proposed
is really just a fig leaf, effectively,
to cover what seems to bethe direction he wants to go,
even though Biden himselfacknowledged decades ago
that the idea of packing thecourt was a boneheaded idea,
as he put it.
What it showed that,when FDR tried to do it,
it was because he was corrupted by power.
Now, because there's such amajor pressure campaign and push
from the deepest pocketson the dark money left,
they're moving in that direction.
The commission is really just designed
to give cover, to give an academic veneer
to this project that really is conceived
out of the most extremegroups on the left.
And out of the several dozenmembers of the committee,
it's overwhelmingly liberal.
There's just a handfulof moderate Republicans
for kind of window dressing.
But I think we know what thecommission's going to say.
It's gonna say, "Weneed to go fast-forward
toward getting more Democrat appointees
on the courts as possible."
- You said before shedied, Justice Ginsburg said
that she was against court-packing.
Just a few weeks ago,
we also heard JusticeBreyer warn against it.
Carrie, you talk about thecommission and its makeup,
but do you think thereis actually any chance
it would recommend expanding the court?
What do you foresee?
- Oh, I think it's a foregone conclusion,
given the membership of the commission.
It includes radicals like Larry Tribe,
who is the person who invented the idea
of borking Robert Bork andblocking Supreme Court nominees
through that dishonest campaign,
who invented the idea offilibustering appellate judges.
So there's no question
that the commission willgive the recommendation
that they believe is the most liberal one,
possibly politically feasible at the time.
And unfortunately, we're seeing people
really pushing the envelope
for what is politically feasible.
So if they think they can get it done,
there's actually gonna bepressure to get that court packed,
and I think that thathandful of Republican members
is going to be no obstacle tothat kind of extreme proposal.
- So if the commission doesdo what you're saying it does,
does that put more pressureon President Biden then
to actually support this?
In the past, he hasn't, as you mentioned.
- Well, in the past,decades ago, he hasn't,
and frankly, one yearago, he didn't support it.
But we've seen a huge seachange over that year.
I think the real secret to the change
isn't pressure from a commission;
it's pressure from the peoplewho helped put him in office.
We know that there were historic levels
of donations to Biden's campaign,
over $145 million fromliberal dark money groups.
And it was these same groups
that, even before Biden was the nominee,
were putting pressure onall Democratic nominees
to support the notion of court-packing.
So this is something that goes,
the pressure that's been goingfor over a year now on him.
And I think he's not, thusfar, what we've seen is
he is not doing a very good job
of standing up to this pressure
when you have the big, darkmoney that put him in office
that is asking for paybackfor those kinds of donations
to his campaign.
- So House Democrats,you know, they were out
making their case today, Carrie.
Among other things,
they said the far right hijacked the court
thanks to norm-breakingmoves by Mitch McConnell,
and that expanding the court is necessary
to restore balance and integrity.
Is there any merit to this argument?
- I understand theDemocrats are frustrated
that President Trump had fouryears of him nominating judges
and a GOP-led Senate thatwas confirming nominees.
I understand that they're frustrated
that the American peopleallowed Trump to take office
and to then fill Scalia's seat
rather than having MerrickGarland fill that seat.
However, that is no excuse
for trashing the institution of the court.
This would be such a radical move
and trigger such dangerouspolitical tit for tat
that even people like JusticeRuth Bader Ginsburg herself,
like Justice Breyer, likeBernie Sanders, of all people,
have acknowledged court-packingwould would trigger
a very dangerous, one-way ratchet
of making the court bigger and bigger
each time power changed in Washington.
So, it's a horrible idea.
It's a bonehead idea, as Biden had said,
and always has been.
- All right, well, Carrie Severino
with the Judicial Crisis Network,we have to leave it there,
but we always love having you on.
Thank you, Carrie.