Justice Stephen Breyer issued a stark warning to those pushing to pack the Supreme Court: “what goes around comes around.”
Breyer made the remark during an interview with NPR published Friday, ahead of the release of his new book, “The Authority of the Court and the Peril of Politics.” He has pushed back on calls to add seats to the court — and on progressives urging him to retire — on multiple recent occasions.
“What goes around comes around,” he said. “And if the Democrats can do it, then the Republicans can do it.”
Democrats enthralled their base and alarmed Republicans with the recent announcement of a new push to add four justices to the U.S. Supreme Court, but the latest polling suggests the majority of Americans don’t favor expanding the highest court in the land.
New polling released by Rasmussen Tuesday found that only a third of likely voters support adding justices to the Supreme Court. Meanwhile, 55% of likely voters oppose expanding the bench, which has remained at nine justices for over 150 years.
The poll surveyed 1,000 likely voters between April 15 and April 18 of last week. Respondents were asked:
“The U.S. Supreme Court as defined by law has nine members – a chief justice and eight associate justices, all appointed to lifetime terms. Do you favor or oppose increasing the number of justices on the U.S. Supreme Court?”
President Joe Biden unveiled a new commission to explore the possibility of packing the Supreme Court. Although the commission does contain some constitutional originalists, it is heavily staffed by legal professors with revisionist views on the nation’s top judicial body.
The Biden administration unveiled a “Presidential Commission on the Supreme Court of the United States,” which will “provide an analysis of the principal arguments in the contemporary public debate for and against Supreme Court reform” — including “the length of service and turnover of justices on the Court” and “the membership and size of the Court.”
Although the White House insists that the commission is meant to be “bipartisan,” several of its members — both right-leaning and left-leaning — appear to hold some degree of revisionist views on the Supreme Court.
A group of 15 secretaries of state this week issued their support for the “Keep Nine Amendment” recently introduced in Congress, marking the latest victory for the organization seeking to preserve the independence of the U.S. Supreme Court.
The Keep Nine Amendment said in a statement that the 15 sent the letter to Senate Majority Leader Chuck Schumer, Senate Minority Leader Mitch McConnell, Speaker of the House Nancy Pelosi, and House Minority Leader of the House Kevin McCarthy.
An organization dedicated to preserving the independence of the U.S. Supreme Court reports it has won several large victories in the past week.
Keep Nine said in a statement that Republican Gov. Doug Ducey of Arizona has endorsed its work, making him the first governor to do so.