Biden's 'coup' on SCOTUS a dangerous maneuver: attorney

Tuesday, April 13, 2021
Chris Woodward (

U.S. Supreme Court w/ flagPresident Joe Biden signed an executive order last week creating a special commission to discuss changes for the U.S. Supreme Court. The "reforms" expected to come out of the group's six-month assignment, says one legal expert, would essentially politicize the nation's highest court.

"Essentially you're talking about reforming the government of the United States of America," Kelly Shackelford, president and chief executive order of First Liberty Institute.

The objective of the Commission is described on the White House website:

"The Commission's purpose is to provide an analysis of the principal arguments in the contemporary public debate for and against Supreme Court reform, including an appraisal of the merits and legality of particular reform proposals. The topics it will examine include the genesis of the reform debate; the Court's role in the Constitutional system; the length of service and turnover of justices on the Court; the membership and size of the Court; and the Court's case selection, rules, and practices."

Earlier story: Biden assigns study on Supreme Court future

Shackelford reaction? "This is a horrible idea," he tells One News Now.


"We have the best Constitution, the best system in the world," the attorney continues. "And again: this is a very extreme attempt by the very left-wing of the Democratic Party that doesn't like that [former President Donald] Trump was able to appoint and confirm a number of more originalist judges and justices [to the federal bench]; and so they wish to completely dismantle the Court, change the Court, reform the Court to get to the political results that they wish."

Justice Stephen Breyer recently warned supporters of so-called "court packing" – or adding justices to the Supreme Court – to "think long and hard" about the risks. Some liberals weren't happy with Breyer's opinion and began demanding he retire. Still, late Supreme Court Justice Ruth Bader Ginsburg dismissed the idea in 2019.

Interestingly, Joe Biden – when serving in the U.S. Senate in the 1980s – criticized a previous president for trying to pack the high court, labeling it a "bonehead idea":

"President [Franklin] Roosevelt clearly had the right to send to the United States Senate and the United States Congress a proposal to pack the court. It was totally within his right to do that. He violated no law. He was legalistically absolutely correct. But it was a bonehead idea. It was a terrible, terrible mistake to make and it put in question for an entire decade the independence of the most significant body, including the Congress in my view, the most significant body in this country, the Supreme Court of the United States of America."

Shackelford minces no words about what the Biden administration is trying to do.

"People who understand what this means understand how dangerous it is," he states. "It really is courting tyranny. This is a coup on the Supreme Court – and it'll be up to the American people to speak out and make sure it doesn't happen."

Almost half of respondents in a recent One News Now poll agree that "increasing the number of justices" is the most like proposal to emerge from Biden's commission on the Supreme Court.

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