Supreme Irony: Congressional Democrats Seek to Reform Institution That is More Popular Than They Are

Congressional Democrats blocked an effort to introduce a constitutional amendment to bar the Court’s expansion, with many members reiterating their demand to pack the Court to create an instant liberal majority. The Democrats insisted the Court is broken and no longer legitimate because of partisan rulings they want reversed by a packed Court. Ironically, the vote came with the release of the latest Harvard-Harris polling showing that Congress itself is still the least respected institution, while the Supreme Court holds higher approval than either the White House or Congress.

Congress is still wallowing at 34 percent approval among the American people. Both parties are equally disliked, with 55% disapproval of the GOP and 53% disapproval of the Democratic Party.

Conversely, the Supreme Court continues to enjoy far greater approval from the public, currently at 49% at “very favorable” or “favorable.”

So which institution is being targeted for elimination or radical reform? Of course, it is the more popular Supreme Court.

Packing the court and other measures are unpopular with the public. Instead, Democrats hope to achieve these reforms through legislation. However, it must then pass judicial review.

Liberal professors and pundits have identified a court takeover as essential to, as one law professor put it, guaranteeing that the Democrats never lose another national election. As former Attorney General Eric Holder and Democratic strategist James Carville have made clear, it is about power and guaranteeing its retention.

There are now calls for a litmus test for Democratic candidates to pack the Court or get the sack.

Rep. James Clyburn (D-SC) wants to take over the Court to reverse rulings against racial gerrymandering while other Democrats have demanded packing the Court to reverse immigration rulings.

They join a growing list of figures demanding the hostile takeover of the Court from Kamala Harris to Pete Buttigieg.

At its base is a fundamental misunderstanding of the Court’s role. 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.” However, the court was meant to be counter-majoritarian to protect minority groups and viewpoints from the majority will.

Notably, this effort is not even popular with the majority. It is a power play to force major institutional changes through Congress, including radically changing a Court that is more popular than Congress itself.