Firearms Owners Against Crime
Institute for Legal, Legislative and Educational Action
Institute for Legal, Legislative and Educational Action
The purpose of the Supreme Court, as it’s used here in this country at this time, is to determine whether or not legislation is constitutional or not. The same is true for lower federal courts as well. They’re supposed to take the Supreme Court’s rulings and apply them evenly across other cases, then judge on the constitutionality of new issues as they arise until SCOTUS rules differently.
However, as we’ve seen, it doesn’t necessarily work that way. Anti-gun judges have been ruling against the Second Amendment for decades, often ignoring the text of the amendment and inserting their own feelings and opinions, pretending those somehow carry more weight than “shall not be infringed.”
With the nomination of Amy Coney Barrett, we may finally see the end of some of this stuff. At least, in theory.
The problem is that liberals are pressuring Biden to pack the Court should he win, and that’s bad for all of us.
Let’s start with a definition, as a curious number of politicians on the left are now pretending the phrase “court packing” refers to a president filling a vacant seat in an election year.
Dictionary.com puts it this way: “court packing: an unsuccessful attempt by President Franklin D. Roosevelt in 1937 to appoint up to six additional justices to the Supreme Court, which had invalidated a number of his New Deal laws.”
“Court packing” is clearly about increasing the number of U.S Supreme Court justices in an attempt to advance a particular political agenda. And that is what is being threatened.
With the confirmation hearings for Judge Amy Coney Barrett—President Trump’s nominee to fill the vacancy on the Supreme Court that opened with the passing of Ruth Bader Ginsburg–now under way in the U.S. Senate, some on the left have been calling for Joe Biden, if he does win the presidency, to do what FDR couldn’t. They want him to pack the U.S. Supreme Court with four or more new, and likely anti-Second Amendment, justices.
This way, even if Judge Barrett becomes Justice Barrett, her stated belief that a judge should not legislate from the bench would be nullified should Biden pack the court with jurists who feel the opposite. This would turn the U.S. Supreme Court into a super legislature of men and women with lifetime appointments.
A Biden court-packing scheme would be an America-altering progressive power grab. A power grab that Biden and his running mate, Sen. Kamala Harris (D-Calif.), won’t tell us whether they’d do or not.
That refusal to say one way or another is troubling.
Look, I get the desire to pack the Court. It’s wrong, but I get where it comes from. What the left doesn’t grok is that if you pack the court, there’s little reason for the next Republican president with a GOP-controlled Congress not to do the same thing. Mutually assured destruction really needs to be the name of the game here. No one should pack the Court because doing so will be a green light for the next guys.
That’s the last thing anyone needs.
And, honestly, it wouldn’t take much for either Biden or Harris to say as much, to point out that if the left tries to pack the Court, that’s just a green light to the right to do the same. But that would require them to differentiate that from what President Trump has done, namely fill vacancies as his office requires but which they’ve decided to call court packing.
We all know that Biden and Harris won’t appoint pro-gun justices if they pack the court. Instead, they’ll find judges who will repeal Heller, McDonald, and everything else that upholds the Second Amendment, but they won’t stop there. No, they’ll likely hear cases and rule that pretty much any bit of gun control isn’t just acceptable, but constitutional, which gives the green light to every anti-gun state to step up their efforts.
That is a big problem.
As if you needed another reason not to vote for Biden.
https://bearingarms.com/tom-k/2020/10/15/biden-court-packing-could-kill-2a/