{"id":428807,"date":"2021-04-15T18:06:09","date_gmt":"2021-04-15T22:06:09","guid":{"rendered":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/?p=428807"},"modified":"2021-04-15T18:06:11","modified_gmt":"2021-04-15T22:06:11","slug":"liberal-law-professor-jonathan-turley-explains-the-dangers-of-pursing-a-supreme-court-that-fits-the-age-of-rage","status":"publish","type":"post","link":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/liberal-law-professor-jonathan-turley-explains-the-dangers-of-pursing-a-supreme-court-that-fits-the-age-of-rage\/","title":{"rendered":"Liberal Law Professor Jonathan Turley Explains The Dangers Of Pursing A Supreme Court That Fits The \u2018Age of Rage\u2019"},"content":{"rendered":"<aside class=\"mashsb-container mashsb-main mashsb-stretched\"><div class=\"mashsb-box\"><div class=\"mashsb-count mash-medium\" style=\"float:left\"><div class=\"counts mashsbcount\">38<\/div><span class=\"mashsb-sharetext\">SHARES<\/span><\/div><div class=\"mashsb-buttons\"><a class=\"mashicon-facebook mash-medium mash-nomargin mashsb-noshadow\" href=\"https:\/\/www.facebook.com\/sharer.php?u=https%3A%2F%2Fwww.conservativenewsdaily.net%2Fbreaking-news%2Fliberal-law-professor-jonathan-turley-explains-the-dangers-of-pursing-a-supreme-court-that-fits-the-age-of-rage%2F\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Facebook<\/span><\/a><a class=\"mashicon-twitter mash-medium mash-nomargin mashsb-noshadow\" href=\"https:\/\/twitter.com\/intent\/tweet?text=&amp;url=https:\/\/www.conservativenewsdaily.net\/breaking-news\/?p=428807&amp;via=ConservNewsDly\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Twitter<\/span><\/a><a class=\"mashicon-subscribe mash-medium mash-nomargin mashsb-noshadow\" href=\"#\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Subscribe<\/span><\/a><div class=\"onoffswitch2 mash-medium mashsb-noshadow\" style=\"display:none\"><\/div><\/div>\n            <\/div>\n                <div style=\"clear:both\"><\/div><\/aside>\n            <!-- Share buttons by mashshare.net - Version: 4.0.47--><div><img decoding=\"async\" src=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-content\/uploads\/2021\/04\/fb_image-535.jpeg?w=1200&amp;h=800&amp;ixlib=react-9.0.3\" class=\"ff-og-image-inserted\" \/><\/div>\n<p>Democrats are working to follow through on their 2020 campaign promise to expand the Supreme Court, something liberal law professor Jonathan Turley believes is a dangerous precedent, especially in our \u201cage of rage.\u201d<\/p>\n<p>Although Turley called to expand the Court to as many as 17 or 19 members over the last 20 years, he says there\u2019s a stark difference between \u201creforming\u201d and \u201cpacking\u201d the Court \u2014 The biggest being how quickly the change occurs.<\/p>\n<p>\u201cOver 20 years ago, I recommended&nbsp;the expansion of the Court to 17 or 19 members. However, that recommendation would occur over many years and would not give advocates the short-term majority that they are seeking. That is the difference between reforming and packing the Court,\u201d the professor wrote on his <a href=\"https:\/\/jonathanturley.org\/2021\/04\/12\/is-bidens-the-supreme-court-commission-packed-to-fail\/\">website<\/a>. \u201cEven a gradual increase would also face considerable opposition in the Senate, particularly out of a lack of trust that a later majority would add a couple of justices and then renege on continued additions to continue to control the majority of the Court.\u201d<\/p>\n<p>Despite <a href=\"https:\/\/www.dailywire.com\/news\/poll-finds-34-support-for-court-packing-as-biden-harris-refuse-to-take-public-stance\">polls<\/a> indicating that the majority of Americans disagree with packing the Court, Democrats are pushing forward because they \u201cseem to think the Supreme Court must be canceled for its failure to yield to the demands of our age of rage,\u201d Turley explained.<\/p>\n<p>He cited Justice Stephen Breyer as a prime example. Breyer, who is arguably one of the most consistently liberal justices on the Court, was shunned <a href=\"https:\/\/www.dailywire.com\/news\/liberal-supreme-court-justice-warns-on-court-packing-will-diminish-confidence-in-court-rule-of-law\">for telling Democrats<\/a> to \u201cthink long and hard\u201d before making such a drastic change.<\/p>\n<p>\u201cI hope and expect that the court will retain its authority \u2026 which was hard won. But that authority, like the rule of law, depends on trust. A trust that the court is guided by legal principle, not politics. Structural alteration motivated by the perception of political influence can only feed that latter perception, further eroding that trust,\u201d Breyer said.<\/p>\n<p>Even though Breyer consistently sides with the Left, many are now calling for his resignation because he disagrees with their Court packing agenda. While the Court has remained largely immune from over politicization in the past, the latest attempts to \u201cpack\u201d it have caused newfound polarization. Such concerns are valid when considering those among the <a href=\"https:\/\/www.dailywire.com\/news\/biden-launches-commission-on-supreme-court-reform\">commission<\/a> studying potential Court reforms.<\/p>\n<p>\u201cThe commission is an ominous sign that Biden may be offering up the last institution immune from our impulsive politics. Its composition also seems to confirm the worst expectations. Indeed, it is a lesson in how to pack a body. The group is technically bipartisan but is far from balanced,\u201d Turley wrote in an opinion piece for <a href=\"https:\/\/thehill.com\/opinion\/judiciary\/547495-did-joe-biden-pack-the-supreme-court-commission-to-simply-fail\">The Hill.<\/a> \u201cOnly a handful of the 36 members are considered center-to-right academics. (Even that is still a better showing of intellectual diversity than most of the faculties of the represented schools, which have few if any conservative or libertarian faculty members.) Liberals make up the vast majority on the commission, and some have been outspoken critics of Republicans and the conservative Supreme Court majority.\u201d<\/p>\n<p>Turley listed a handful of commission members who he believes will be far from objective. The list includes University of Michigan Professor Kate Andrias and Yale University Professor Cristina Rodriguez, both of whom rejected Justice Brett Kavanaugh\u2019s confirmation.<\/p>\n<p>It seems that Harvard University Professor Laurence Tribe is also problematic. Turley cited a handful of examples, such as Tribe\u2019s labeling of President Donald Trump as a \u201cterrorist,\u201d his various attacks on Senate Minority Leader Mitch McConnell, and statements regarding Attorney General William Barr\u2019s Catholic faith.<\/p>\n<p>\u201cTribe has not been subtle about his sudden interest in court packing. After the election he declared, \u2018The time is overdue for a seriously considered plan of action from those of us who believe McConnell and Republicans, abetted by and abetting the Trump movement, have prioritized expansion of their own power over the safeguarding of our American democracy and the protection of the most vulnerable who are among us,&#8217;\u201d Turley wrote.<\/p>\n<p>Another commission member is Harvard University Professor Michael Klarman, who talked about court packing back in 2016 when the GOP refused to confirm Merrick Garland. According to Klarman, Democrats would be able to ensure Republicans \u201cwill never win another election\u201d by packing the court with a liberal majority, Turley warned.<\/p>\n<p>President Barack Obama\u2019s former White House Counsel, Bob Bauer, also sits on the commission.<\/p>\n<p>\u201cThe only hope is that this commission is so lopsided that it is clearly not intended to be a credible basis for a court packing proposal. While the group has many respected and thoughtful academics, its composition is unlikely to sway many conservatives or even some moderates,\u201d he said. \u201c\u2026 The hope is that [Biden] does not have the courage to simply repeat his past view that court packing remains a \u2018boneheaded\u2019 idea but that he can assemble an overwhelmingly liberal commission to effectively kill the scheme. After all, 180 days is not much time to reinvent the Supreme Court, but it is just enough time to give the pretense of an effort to do so. Unfortunately, that is the closest we get to principled government today. But in this instance, the short lifespan just may be a \u2018hitch in time\u2019 that saves nine.\u201d<\/p>\n<p>Though Democrats <a href=\"https:\/\/www.dailywire.com\/news\/breaking-democrats-introducing-legislation-to-pack-supreme-court-with-4-new-justices-report-says\">introduced<\/a> legislation in both chambers to pack the Supreme Court with four new justices, Speaker Nancy Pelosi (D-CA), said she has \u201cno plans\u201d to bring to the bill to the floor for a vote, <a href=\"https:\/\/thehill.com\/homenews\/house\/548443-pelosi-says-she-wont-bring-bill-to-expand-supreme-court-to-the-floor\">The Hill<\/a> reported. She did, however, say it was \u201cnot out of the question.\u201d For the time being, it seems that leadership is more focused on other legislation, such as infrastructure.<\/p>\n<p>\u201cI don\u2019t know if that\u2019s a good idea or a bad idea. I think it\u2019s an idea that should be considered and I think the president\u2019s taking the right approach to have a commission to study such a thing. It\u2019s a big step,\u201d she said.<\/p>\n<p><em>Beth Baumann is a Political Reporter and Editor at The Daily Wire. Follow her on Twitter&nbsp;<a class=\"in-cell-link\" href=\"https:\/\/twitter.com\/eb454\" target=\"_blank\" rel=\"noopener noreferrer\">@eb454<\/a>.<\/em><\/p>\n<p><em>The Daily Wire is one of America\u2019s fastest-growing conservative media companies and counter-cultural outlets for news, opinion, and entertainment. Get inside access to The Daily Wire by becoming a&nbsp;<a class=\"in-cell-link\" href=\"https:\/\/www.dailywire.com\/subscribe\" target=\"_blank\" rel=\"noopener noreferrer\">member<\/a>.<\/em><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Democrats are working to follow through on their 2020 campaign promise to expand the Supreme Court, something liberal law professor Jonathan Turley believes is a dangerous precedent, especially in our &#8230;<\/p>\n","protected":false},"author":1,"featured_media":2312261,"comment_status":"close","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_mo_disable_npp":"","fifu_image_url":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-content\/uploads\/2021\/04\/fb_image-535.jpeg?w=1200&h=800&ixlib=react-9.0.3","fifu_image_alt":"Liberal Law Professor Jonathan Turley Explains The Dangers Of Pursing A Supreme Court That Fits The \u2018Age of Rage\u2019","footnotes":""},"categories":[],"tags":[],"class_list":["post-428807","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry"],"fifu_image_url":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-content\/uploads\/2021\/04\/fb_image-535.jpeg?w=1200&h=800&ixlib=react-9.0.3","fifu_image_alt":"Liberal Law Professor Jonathan Turley Explains The Dangers Of Pursing A Supreme Court That Fits The \u2018Age of Rage\u2019","_links":{"self":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/428807","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/comments?post=428807"}],"version-history":[{"count":0,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/428807\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media\/2312261"}],"wp:attachment":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media?parent=428807"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/categories?post=428807"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/tags?post=428807"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}