Democratic Members Call for Packing the Supreme Court to Reverse Immigration Decisions

Democrats are renewing their calls to pack the Supreme Court with an instant liberal majority once they retake power. Rep. Seth Moulton (D., Mass.), who is facing a complaint over an alleged assault of a reporter, demanded the packing of the Court due to its decision to allow President Donald Trump to rescind Temporary Protected Status (TPS). Other members have joined the effort, citing the reversal of immigration decisions as the reason for eviscerating one of the most important institutions in our country.

Moulton is running for the Senate and has been seeking to reinforce his credentials as a far-left member after being attacked for objecting to the lack of tolerance in his party. This effort of realignment included publicly “sheltering” an undocumented person in his congressional office.

Now, like other Democrats seeking higher office, such as former Transportation Secretary Pete Buttigieg, Moulton is offering up the Supreme Court to the most radical elements of his party.

I previously wrote on the 6-3 decision in Mullin v. Doe, allowing Trump to remove TPS from certain Haitian and Syrian illegal immigrants. That is the same discretion that President Joe Biden used to allow over a million such individuals to enter the country “temporarily” years ago. In the case of the Haitians, they received the TPS designation in 2010 after a devastating earthquake — 15 years ago on a temporary basis.

Before addressing the call to pack the Court over such a decision, it is worth noting that this was not, in my view, a particularly close case if you believe in following the text of such laws. Section 1254a(b)(5)(A) provides that “[t]here is no judicial review of any determination of the [Secretary of Homeland Security] with respect to the designation, or termination or extension of a designation, of a foreign state.”

The three dissenting liberal justices, and these members, chose to dismiss that language. The majority of justices did not.

The dissenting justices sounded more like legislators in objecting to the lifting of the status quo, citing their own views of the merits of such decisions. It is a glimpse into what a packed court would likely look like if these Democratic members are successful.

Moulton wrote on X that “Democrats need to reform the court to preserve our rights and protect TPS families.”

Rep. Yvette Clarke (D., N.Y.) joined Moulton adding that the court packing is designed to force the reversal of opinions that she and the other Democrats disagree with: “It’s clear now that this legislative body must seize back the power that our increasingly unequal branches have stolen, and that must start with action to protect the hundreds of thousands of TPS holders whose lives depend upon it.”

Rep. Pramila Jayapal (D-WA) also went public to reaffirm that Democrats are “absolutely” going to proceed with packing the Court because I think what the Supreme Court has done yesterday is, again, rubber stamp a mass deportation agenda.”

The resolution itself is ripped from the campaign rhetoric on the rise of fascism, accusing the Court of “enabling authoritarian efforts.” The irony is lost on the members that the very signature of authoritarianism is to gut courts to force the outcomes that you demand.

It also ignores that this Supreme Court has repeatedly ruled against this President on major cases, limited his authority, and, as a result, has been attacked by the President in furious public statements.

Nevertheless, various figures from Kamala Harris to Pete Buttigieg to Elizabeth Warren supported the packing of the Court.

James Carville declared, “If the Democrats win the presidency and both houses of Congress, I think on day one, they should expand the Supreme Court to 13. F— it. Eat our dust. Don’t run on it. Don’t talk about it. Just do it.”

This Nike School of Constitutional Law is catching on with a wide array of pundits and professors. Just do it.

Years ago, Harvard professor Michael Klarman laid out a radical agenda to change the system to guarantee Republicans “will never win another election.” However, he warned that “the Supreme Court could strike down everything I just described.” Therefore, the court must be packed in advance to allow these changes to occur.

Former Obama Attorney General Eric Holder has put packing the Supreme Court front and center, explaining, “[We’re] talking about the acquisition and the use of power if there is a Democratic trifecta in 2028.”

At base is a fundamental misunderstanding of the role of the Court. Sen. Elizabeth Warren (D-Mass.) not only renewed her previous call to pack the court but said the court was illegitimate for rendering decisions against “widely held public opinion.” Former Rep. Eric Swalwell (D-Calif.) said the court “defies the will of the people.” Reporter John Haltiwanger insisted that “the court is clearly not representative of the U.S. public. It’s supposed to be the people’s court.”

In reality, the court was never meant to be that. It was meant to be the Constitution’s court, designed to stand against everyone and everything except the Constitution. In a system designed to protect the minority, the court (like the Constitution) is counter-majoritarian in much of what it does.

With the Supreme Court removed as a barrier to the left’s radical agenda, Democrats could indeed fulfill the objectives laid out by figures like Klarman to ensure they never lose power again.

That will make the 2028 election the most consequential election for our constitutional history in decades. Citizens will vote not only on the next president but also on the future of a core institution that has brought stability and moderation to our political system for 250 years.

 

 

 

 

328 thoughts on “Democratic Members Call for Packing the Supreme Court to Reverse Immigration Decisions”

  1. In other words, the Democrats want SCOTUS to function like the courts of the Third Reich. Very interesting. And they accuse the opposition of being Nazis/fascists? Oops…..forgot that “fascist” is the proper term of art for all of those who oppose communism.

  2. We are told this never happens.
    _________________________
    New York School District Orders Election Do-Over After Clerk Caught Tearing Up Ballots to Prop Up Incumbent.

    Yes it’s a school district, but stealing an election is bad NO matter where.

  3. Knowing this will result in the destruction of our country, Y you can bet the current Supreme Court justices are ruling accordingly.

    1. Destruction of our country? Care to elaborate on what that destruction would look like?

      Perhaps you mean 100% unemployment, mass starvation, roving bands of zombies looking to eat brains?

      Or worse – people finding out that rather than a huge chunk of wages going to health insurance company profits they can spend far less and get better results with a single payer system? That kind of destruction?

      1. Single Payer System
        Hilarious, a million fraudulent people in Obamacare, the Minnesota Billions stolen….yep we can ALL have the same quality of care the VA delivers. How’s that Social Security system working for you?

        1. The democrats weaponized bureaucratic inefficiency to enable fraud to benefit their politics.
          That’s what we’re dealing with here. They are determined to find a way to get your money and power over you.

        2. The Social Security system is working remarkably well for us.
          After the Medicare premium is deducted, my wife and I collect over $5,000 a month between us.
          We each pay $200 a month for a Plan G Medicare supplement that pays all medical expenses except the Part B deductible of $283 a year. We can see any doctor, anywhere, at any time, as many times a year as we like, without any referral to specialists required. Our total out of pocket expense can never exceed $283 for the entire year.

          1. It’s out of money genius and the fund is set to be depleted by 2030 or so. Your $5,000 a month is taxed and if that’s your only means of support, two people on $60k/yr is poverty.

            1. Your comment is typical MAGA nonsense from someone who is not on Social Security and does not even understand how it works.

              We live very comfortably on our Social Security. We have no mortgage. We own our home free and clear. We have no car payments. Our kids are long gone and their student loans are paid off. Our only significant expenses are food and utilities.

              As for taxes, you do not understand that the bulk of a Social Security benefit is protected from taxes if you do not have significant other income. Only 50% of recipients actually pay income taxes on the benefit because they have other income.

              We have a significant amount of money stashed away in Roth IRA’s. We can draw on that absolutely tax free but rarely need to do that. In fact our Roth balances actually grow faster than we can withdraw the money. After making withdrawals we have more money at the end of the year than the beginning of the year, thanks to wise investments.

              We also have savings in brokerage accounts that could be taxable when we withdraw. However, the long term capital gains exemption for a married couple currently stands at about $99,000. This means we can sell stock for income, but the first $99,000 of capital gains is not counted as taxable income, and does not cause our SS to become taxable.

              With careful management we can withdraw money from our savings without taxes, but in reality we rarely have to draw down our savings and we are always well within the exemption limit.
              We pay absolutely no income tax, and lead a very comfortable life, with Social Security paying the bulk of our expenses.

              1. Bull sheeeit…however, how many people depend totally upon Social Security that were not as astute to the planned retirement you claim to have arrived at. Your home is paid off, if you live in any nicer area then you’re getting hammered by property taxes. If half of what you claim is your financial foundation is true, then you’re a statistical outlier…liar being more likely.

                1. It is truly amazing how know-nothing MAGA morons claim to know everything about Social Security when they actually know less than nothing.

                  We live in a very nice 4 bedroom house on a 0.6 acre lot in a nice middle class neighborhood. We paid $2,416.80 in property taxes last year. We paid $126,000 for the house that is now valued at $970,000. A neighbor down the street is selling, and is asking $989,000.

                  Whether or not other people rely completely on Social Security is completely beside the point. You seem to think that Social Security is bad because some people struggle in retirement. You cannot condemn the entire system just because some people are not doing well on it. In fact, if people are struggling on Social Security as you say, then that is an argument to strengthen the system, not to condemn or eliminate it.

                  However I guess your completely nonsensical argument is par for the course in the magical alternative universe of the MAGA cult. The problem is that most of the people in the MAGA cult are losers who wallow in their perceived victimhood, believing that they have been cheated out of something that they really can’t define. They believe that the success of others means that somehow they have been cheated out of something in life, when in reality they are just losers.

                  1. Once again, you seem to live a very modest lifestyle. I don’t, you’re welcome to it at least until the Democrats deplete it or give it to someone that never paid in. You seem to have a very warped view of the people that want a sane and limited government. I am in no way a loser or a victim nor do I depend upon Social Security.

                    I don’t call what you’re describing as success, it sounds more akin to playing the system as a dependent.

                    1. This is yet more of the warped thinking of the MAGA cult. The MAGA dogma is that Social Security is bad, and that anyone on SS must be suffering the vicissitudes of an inherently bad system. The idea that the vast majority of SS recipients are perfectly happy and living perfectly contented lives runs counter to this absurd narrative.

                      When confronted by people like me who express this contentment you take the perverse attitude that somehow I am wrong and that I should be very unhappy. Somehow you KNOW that I cannot possibly be happy and contented with the system and try to convince me that I should not be so contented, or that somehow I am being shortchanged or cheated out of something.

                      You make the utterly absurd statement that my situation is not a success. I want for nothing. I own my own home that I have lived in for 45 years. I have more money in the bank than I have the desire to spend. I am completely debt-free. I owe absolutely nothing to anybody.
                      How is this not a success ?????

                      You are completely out of your mind and brainwashed by the cult into which you have been entrapped.

                  2. Where did you see me call for the elimination of SS? What needs to be eliminated is the abuse of the SS system for political gain. That means limiting those that receive benefits to CITIZENS only. If illegals come here to take our jobs then they can pay into the system for use by our Citizens whose jobs they filled without their benefitting. Anchor babies give illegals immediate access to our Social Security benefits as well as medical care, parallel issues with minorities that get $ for every child they spit out.

                    Personally, I would much rather have had the 13% of my earnings taken as tax to invest for my own well being than their monthly payment, it would far surpass the amount provided. I will say I do enjoy my SS stipend as my fun money as it is almost as much as yours combined.

                    You sure do make some convoluted quantum leaps in your thinking. Good luck with your investments.

                    1. Thank for a reasoned and thoughtful post that gets the point across without the use of the term MAGA and the words “loser” or “cult”

              2. “We live very comfortably on our Social Security. We have no mortgage. We own our home free and clear. ”

                Short-term thinker;

                2007-8 Seniors who prepared for the future suddenly found, through no direct fault of their own, that they lost their homes.

                It’s nice to know you don’t mind living on your kid’s dime.

                1. This has to be the most idiotic comment I have ever had the misfortune to read.
                  How can you possibly come to the conclusion that we are living on our kids’ dime?
                  What kind of demented thinking allows you to arrive at that conclusion?

                  How can you possibly label me as a short term thinker, when I have over 45 years of planning for the future?

                  And why do you bring up what happened in 2008, as if that has any relevance at all to my situation or the situation of the vast majority of retirees?
                  You say that “seniors” who planned for the future in 2008 lost their homes through no fault of their own. If these people were planning for the future 18 years ago, then they cannot possibly have been seniors at that time. If the people involved in the mortgage market and buying houses then were “seniors”, then they were absolutely not “planning for the future”.
                  You are completely and utterly out of your mind and your comments are nothing less than insanity.

                  1. A $40Trillion national debt. However, Trump might save your kids from the poverty this generation caused.

                    Amazing, you are unaware of 2007-8: mark-to-market, property devaluation

                    .

            2. I just looked it up for you.

              Both SS and Medicare are being reported to approach insolvency by 2034, 8 years away.

              Good Luck and I hope your Roth IRA is sufficient, wait until you have to purchase healthcare insurance at $1300/month and a $3K deductible.

      2. Government is the least efficient means to deliver any good or service.

        Govenrment is FORCE – that means whatever you do though govenrment you must add the cost of using FORCE.

        In free markets – nothing is forced. People chose as they wish – and that process incurs no additonal cost.

        Economist Ronald Coase proved almost 75 with strong property rights free markets would come closest to optiomal performance of any other possible system – and that on him the nobel prize.

          1. You better run cause orange man coming for you!
            Didn’t you pay attention to DeNiro????

          2. Your absolutely erudite argument of such profound substance blows away everything…everything like a box of rocks.

      3. Go ahead socialize medicine. It has been proven over and over again that regulating ANYTHING results in less of that thing. One doesn’t have to think the Law of Supply and Demand is good. One only has to admit it exists. One doesn’t have to like the law of gravity after face planting on the sidewalk, only admit that it exists.

  4. The jurisdiction, the whole jurisdiction, and nothing but the jurisdiction, so help you God.
    _________________________________________________________________________________________________

    14th Amendment

    All persons born or naturalized in the United States, and subject to the [full] jurisdiction thereof, are citizens of the United States and of the State wherein they reside.

  5. The Democrats have no notion of being “fair” or “reasonable” should they regain the House and, especially, the Senate. They are unmoored from any sense of ethics and rationality. They hold no allegiance to consistency in policy. Their allegiance is to acquiring and retaining power. Every day is both an arrival and a departure for them in terms of their positions. They will bid a fond farewell to any issue, tradition, value, policy or person if it will bring them closer to the power they lust after. It is all theater and vanity.

    1. Democrats have no concept of bipartisan either. It is either totally our way, or we will lie, steal, cheat and commit crimes to get it totally our way. The maturity if a two year old.

      1. The Republicans have a rule that a bill will only proceed if it is 100% supported by Republicans. They do not want to depend on getting any Democratic votes. Even so, there have been bills that a notable number of Democrats have supported, bipartisan support by Democrats of Republican bills.

        Major Bipartisan Legislation

        21st Century Road to Housing Act: This significant housing supply and affordability package was negotiated between Republican Senator Tim Scott and Democratic Senator Elizabeth Warren. It passed Congress with overwhelming bipartisan support (85-5 in the Senate and 358-32 in the House) to streamline construction, reduce environmental regulations, and limit corporate landlords.

        FISA Reauthorization: Legislation renewing Section 702 of the Foreign Intelligence Surveillance Act has repeatedly seen substantial Democratic support for a Republican-sponsored framework to allow intelligence gathering abroad, despite privacy-focused opposition within both parties.

        CHIPS and Science Act: Authored largely with Republican backing to boost domestic semiconductor manufacturing and counter China, this major piece of legislation passed with significant Democratic support in both chambers

    2. You write they will not be rational, but will they show it by trying to build emblematic structures to the Emperor as Trump has proposed? Is the US properly represented by the amount of gold painted trim in the White House or an arc d’Triumph when the country is losing a war against a small nation far away, yet again?

      Lots of adjectives that describe the current twice divorced President, who has cheated on his solemn wedding vows on each of his three wives and has expressed lust for his daughter.

      1. That is right – lots of adjective – SPIN.

        Do you have more than adjectives ?

        There are lots of things Trump does I do not like.

        There is nothing that Trump does that I do not like that democrats would do better.

        Trump is the worst possible president – except all the other choices – Obama, Biden, Clinton, Harris, Buttigieg, Sanders, Newsom, and on and on.

      2. “amount of gold painted trim in the White House or an arc d’Triumph ”
        Those are just his trolls to keep you guys busy while he rebuilds America.
        Good to know it’s working. You forgot about the ballroom! THE BALLROOM! ahhhh! and the REFLECTING POOL!
        AND Gulf of America and soon the Strait of Trump.
        and Mt Rushmore has a nice blank spot!!! You guys better get on that!
        No problem with Obama’s basketball court tho?

    3. Fair and reasonable are both highly subjective.

      What is relevation is they will not abide by the laws.

      With democrats the rule of law breaks down – you get a choice between anarchy and totalitarianism and they expect you will pick the latter.

  6. Jonathan:
    You are so right that the miracle our Founders created was designed to accommodate for changing times as witnessed by Article V.
    Aside from that, have you ever focused your attention on our Founders’ rule of representation with a proportional financial obligation whenever a direct tax is laid, and how the abandonment of adhering to this most important rule has opened the door to countless mischiefs which now work to undermine a responsible and accountable Congress? I can assure you, exploring this subject would make for eye-opening book expounding upon a primary cause of many of our current miseries, and why our Founders adopted, “Representatives and direct Taxes shall be apportioned among the several States . . . “, a “guard-rail” torn down to provide the means of our own destruction.

  7. With their obvious intentions being put out there for all to see, Republicans should follow Carvilles lead and just DO IT ! With the filibuster and just to put a cherry on top, Place 4 more conservatives on the court ! Hey, “Just do it” !

    1. I’d love for Trump to troll them on this one for the next 2 years. Might shut em up.

    1. Is Citizen Vigilante the Republican/Conservative prototype who showed his genitals in public? Seems like the MAGA crowd is losing their minds and just draw more attention to it by doing so.

    1. Thou Parasites Shalt Go The —- Home…

      After paying the exit tax and clean-up duties.

  8. “In the case of the Haitians, they received the TPS designation in 2010 after a devastating earthquake — 15 years ago on a temporary basis.”

    How is life in Haiti now? Comfortable suburban living and a thriving economy? It’s like asking why someone deserves a handicap tag when the lost a leg 15 years ago. Why do they still need consideration? It’s just one leg, right?

    1. Go help them if you want to. I don’t care to, I would rather help American citizens. Haiti will never be a thriving country, the people are not capable.

      1. You wouldn’t stop for an injured child.

        The people of Haiti were capable of killing their slave masters. No other group of enslaved people managed that.

        1. The haitians are uite capable of killing – they have been killing their leaders for 100 years.

          Absolutely I wouls stop for an injured Child. But I would not FORCE you to get onto a plane at your own expense, travel thousands of miles to bring back an injured child when there are plenty of them down the street.

          1. John
            Quite hypocritical for AononTDS to use a child as a shaming when they arean advocate for abortion.

            Roll with the pig, get up in the mud!

    2. Here’s a thought–how about gaining legal status sometime during those fifteen years. I know folks who have done just that.

      1. Or stay and make Haiti a great country to live in? Win-Win. that way your descendants will prosper, otherwise you’re just running away (Did they learn that when they were under the French?)
        and the recent massacre by the IR should have been that country’s Lexington Massachusetts. instead; the shots ignored around the world.

    3. The standard for retaining TPS is not “is life back home not all we would want it to be “, it is “is it safe to return home?”

      1. Gary TPS is not even – is it safe to return home. it is just has the disaster that we left passed.

        Actual asylum is “ist it safe to return” – and it reuires proof that YOUR GOVERNMENT is likely to try to kill you if you return.

    4. stupid comment by green nonny at 6;51.
      then Let Haiti return all the millions of dollars and food clothing temporary shelter construction equipment and medical help they received to put them back in a better place. what did we end up paying for? Clinton’s contractor buddies?

    5. Is there a reason the Haitians granted Temporary Protective status are entitled to “comfortable suburban living” ?
      Their country is a mess – it was a mess before the earthuake, it has been a mess for more than a century.

      No it is not like someone who lost a leg 15 years ago – are you left wing nuts total morons ?

      Haiti’s economy is 6 times as large today as in 2009. They are going back to a country in far better shape than they left.

      It is like taking someone who was sick and living in rubble, moving them into a 5 star hotel for 15 years and then after they have recovered taking them back to suburbia.

    6. Temporary means TEMPORARY. 15 years is overtly long and they must now go back to their island and make it right ….as they cant seem to do it here by all statistics.

  9. If you like it when Trump spites Democrats, I will enjoy spiting you by voting Democrat in November. And there’s nothing you can do about it!

    1. @anonmyass 6:28PM above:
      We’ve already seen this 3 point message delivered above by Democrat leadership (and DSA) core message as condensed accurately:
      1. I hate trump
      2. I will show I hate trump with my vote
      3. I hate you and gladly will destroy you if I deem you “trump” categorized and you can’t do anything about it

      For the rest of us, perhaps some more civil discourse suggestion:
      1. please don’t feed these trolls
      2. “In the fevered state of our country, no good can ever result from any attempt to set one of these fiery zealots to rights, either in fact or principle. They are determined as to the facts they will believe, and the opinions on which they will act. Get by them, therefore, as you would by an angry bull; it is not for a man of sense to dispute the road with such an animal.” — Thomas Jefferson (1762-1826)

      Perhaps also useful:
      “It is not the critic who counts; not the man who points out how the strong man stumbles, or where the doer of deeds could have done them better. The credit belongs to the man who is actually in the arena, whose face is marred by dust and sweat and blood; who strives valiantly; who errs, and comes short again and again, because there is no effort without error and shortcoming; but who does actually strive to do the deeds; who knows the great enthusiasms, the great devotions; who spends himself in a worthy cause; who at the best knows in the end the triumph of high achievement, and who at the worst, if he fails, at least fails while daring greatly, so that his place shall never be with those cold and timid souls who know neither victory nor defeat.” — Theodore Roosevelt(1858-1919)

    2. So, you’re planning to vote, and thus participate in the elections, just the way any responsible citizen should. You’re planning to vote for the candidate of your choice, just like any responsible adult should. And that’s supposed to bother me? Is this really the most intelligent comment people can come up with?

      1. The vote has been severely restricted since the inception of democracy in Greece in 508 B.C.

        1. It’s not restricted enough. I’ve asked many times how allowing people who can not govern their own life have a say in how the country is governed lead sto “good governance”, whatever the heck that is? I’ve gotten a couple of responses over the years, but nobody ever answers the question asked. Because they can’t.

          Rather than phrase it as a question, let’s make a declarative statement. The less “restrictive” and more widespread voting is, the less stable the government becomes. Out of five forms of government, Plato considered “democracy” the least stable for that reason.

          As the franchise is expanded to more and more people, those people will vote for politicians who promise them more “free” stuff. The politicians effectively loot the treasury to respond to the demands of the people to get themselves elected until the economic system collapses.

          And here we are. $40 TRILLION in debt that will NEVER be repaid. Something Plato basically saw coming 2500 years ago.

    3. Of course there is something we can do about it.

      We can vote for representatives who are not batschiff crazy left wing nut communists.

      And we can make sure that your vote only counts if you are a real person and an actual citizen.

    1. That’s a meaningless question unless and until you specify what you mean by “stop living under the Constitution.” Does it mean I remove the constitution from the roof of my house? IOW, what in the ever living f–k are you even talking about?

    2. What kind of idiot are you ?

      God gave humans free will – he does not “tell them” what form of govenrment to have.

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