Senate Democrats just crossed the mythical red line that separates the powers in this great nation.
Like toddlers throwing a temper tantrum, they have never gotten over Mitch McConnell’s ruthless maneuver to keep the court conservative.
They just wrote a brief in a case and basically threatened the Supreme Court with “restructuring” if they don’t get their way. Wow. The brief starts:
“The judiciary was not intended to settle hypothetical disagreements. The Framers designed Article III courts to adjudicate actual controversies brought by plaintiffs who suffer real-world harm. This reflects the Framers’ intent that the judiciary “may truly be said to have neither force nor will but merely judgment.” The Federalist No. 78, 464 (C. Rossiter ed. 2003) (A. Hamilton) (capitalization altered).
The rationale for this long-settled principle is simple: “this Court is not a legislature.” Obergefell v. Hodges, 135 S. Ct. 2584, 2611 (2015) (Roberts, C.J., dissenting). “It can be tempting for judges to confuse [their] own preferences with the requirements of the law,” id. at 2612, and to legislate political outcomes from the bench. But a judge “is not a knight-errant, roaming at will in pursuit of his own ideal of beauty or of goodness.”
It ends with this arrogant statement: “The Supreme Court is not well. And the people know it. Perhaps the Court can heal itself before the public demands it be “restructured in order to reduce the influence of politics.” Particularly on the urgent issue of gun control, a nation desperately needs it to heal.”
From Fox News: The ominous and unusual warning was delivered as part of a brief filed Monday in a case related to a New York City gun law. Sens. Sheldon Whitehouse, D-R.I., Richard Blumenthal, D-Conn., Mazie Hirono, D-Hawaii, Richard Durbin, D-Ill., and Kirsten Gillibrand, D-N.Y., referenced rulings by the court’s conservative majority in claiming it is suffering from some sort of affliction which must be remedied.
“The Supreme Court is not well. And the people know it,” the brief said. “Perhaps the Court can heal itself before the public demands it be ‘restructured in order to reduce the influence of politics.’”
The last part was quoting language from a Quinnipiac University poll, in which 51 percent favored such restructuring. In the same poll, 55 percent believed the Supreme Court was “motivated by politics” more than by the law.
Dramatic changes to the Supreme Court have been proposed by several Democrats vying for their party’s 2020 presidential nomination, with “court-packing” being a common — though highly controversial — suggestion.
Increasing the number of justices on the court would allow the president to shift the balance on the bench by loading up justices of his or her preference…
…The Democratic senators’ brief was filed in the case of New York State Rifle & Pistol Association, Inc. v. City of New York, which dealt with legal limitations on where gun owners could transport their licensed, locked, and unloaded firearms.
They are urging the court to stay out of the case brought by the NRA-backed group, claiming that because the city recently changed the law to ease restrictions, the push to the Supreme Court is part of an “industrial-strength influence campaign” to get the conservative majority to rule in favor of gun owners.