The Patriot Post® · Dems' Dangerous Court Agenda

When Democrats find themselves losing on political issues, especially when rejected by the highest court in the land for running afoul of the Constitution, instead of recognizing that they are wrong, they insist that the rules themselves are fundamentally wrong. The “solution” is a plot to change the rules.

This is the case with the U.S. Supreme Court, whose conservative majority has repeatedly issued rulings Democrats hate.

These rulings include overturning Roe v. Wade in 2022, sending the question of abortion back to the states; coming down in favor of presidential immunity, which proved lethal to the Biden administration’s lawfare campaign against Trump; eliminating affirmative action in college admissions; and, most recently, striking down race-based redistricting maps.

Before and during the Biden administration, a number of Democrat lawmakers pushed the idea of expanding and then packing the Court with leftist justices to overcome the Court’s conservative majority.

That blatantly partisan plan was not fully embraced by Joe Biden, and yet it might have passed had it not been for two former Democrat senators: West Virginia’s Joe Manchin and Arizona’s Kyrsten Sinema, who refused to support eliminating the filibuster.

However, once again, Democrats are attacking the nation’s highest court, with likely 2028 presidential candidate Pete Buttigieg recently telling attendees at a Rainbow PUSH Coalition convention, “We have to do [something] with the Supreme Court, that is now a rogue Supreme Court.”

We don’t think “rogue” means what Buttigieg thinks it means. The Court has actually been quite consistent in tying its rulings and reasoning to the letter of the law and the text of the Constitution, especially so when it comes to Justices Clarence Thomas and Samuel Alito.

Clearly, what Buttigieg means by “rogue” is that the Court has refused to rubber-stamp the Democrats’ leftist agenda as “constitutional.”

Therefore, Democrats are plotting to fundamentally change the rules when it comes to the Supreme Court, and they are ironically justifying this call to radically remake the Court by accusing the justices of “legislating from the bench.”

As Senator Bernie Sanders ridiculously charges, “If these conservative justices want to make public policy, they should simply quit the Supreme Court and run for political office." Nothing would expose the Democrats’ projection more than changing the rules to fill the Court with activist justices.

With the plan to expand and pack the Court failing to gain significant traction, Democrats have come up with a new way to do so. They want to change a justice’s lifetime appointment, introducing the idea of term limits for all members of the Supreme Court. They point to polling suggesting that the majority of Americans would favor such a change to justify the call.

Leftists are using the term limit for justices as a litmus test for potential Democrat candidates, especially when it comes to the presidential election. Should a Democrat win the presidency in 2028, they want the transformation of the Supreme Court to be a fundamental issue to pursue.

This would likely require a constitutional amendment because it is otherwise constitutionally dubious. According to Article III, "The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour.” In other words, as long as justices and judges uphold their oaths, they can continue serving.

In any case, Democrats are packaging all of this under the broad title of “Supreme Court reform.” So, rather than concerning themselves with ensuring their policy agenda items comply with the Constitution, they are seeking to change the rules by which the Court, whose job is to act as a referee regarding the constitutionality of legislation, operates in order to get their unconstitutional agenda items rubber-stamped as “constitutional.”