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Democrats are up in arms after Supreme Court Justice Stephen Breyer warned Harvard Law School students and alumni just days ago that expanding the number of members of the high court could undermine the rule of law in the United States.
Breyer’s statement introduces a controversy that was not part of the Democratic Party’s plans. The most radical circles on the left considered Breyer a political corpse. They had predicted the immediate retirement of the judge to his home in Cambridge, which would guarantee Biden would quietly take this important seat on the Supreme Court to appoint a like-minded successor.
The liberal justice has gone further, asserting that pressure from Democrats to restructure the Supreme Court could seriously undermine the reputation of an apolitical institution.
With his tough talk, Breyer has not only disavowed his partisan flatterers, but has also forced the machinery of organizations paid for by liberal billionaires’ money, such as Demand Justice, that elect and impose federal judges according to their left-wing orientation and degree of subservience to facilitate such unconstitutional operations.
Once again, the Democratic Party and the subversive environment that supports it, is portrayed in the mirror of its political ambitions. The alleged obsession with which it wants to resolve this issue -extremely dangerous insofar as it attacks the foundations of the separation of powers in a state governed by the rule of law- is unjustifiable.
Breyer himself has said that the Court has not favored conservative agendas in recent years, precisely because the judicial philosophy of its members is not subject to any partisan criteria.
Biden and Pelosi’s complicity
Why do the administration and most Democratic members of Congress pre-establish that the decisions of the justices -including traditionally liberal ones such as Breyer- are contrary to their progressive political agenda?
The answer probably lies not in imminent partisan or ideological interests, but in the need to clear the way to definitively break the separation of powers regulated by the Constitution.
Days after Breyer’s lecture at Harvard University, Demand Justice has unleashed a campaign of harassment and demolition against him. “Breyer, stand down. Don’t risk your legacy,” reads a billboard truck paid for by Demand Justice that drove down Capitol Hill, while the other side of the vehicle reads a slogan warning,”It’s time for a black woman Supreme Court justice. There is no time to waste.”
True to its style, the resentful and anti-democratic left has deployed its arsenal of insidious propaganda against judicial independence.
The initiative of the so-called progressive sectors has also materialized at the level of parliamentary maneuvers. This very week, Democratic legislators Jerrold Nadler and Mondaire Jones, together with senator Ed Markey, Democrat from Massachusetts, and representative Hank Johnson, from Georgia, introduced the “Judiciary Bill 2021”, which proposes to increase the number of judges on the Court from nine to thirteen, and would immediately open the door for Biden to nominate four new judges who could later be confirmed in the Senate, controlled in extremis by the blue bench.
In a gesture of gross manipulation, left-wing activist and New York legislator Alexandria Ocasio-Cortez retweeted the video that Mondaire Jones has used to promote his bill, linking the Supreme Court to the January 6 riots on Capitol Hill.
Likewise, White House Press Secretary Jen Psaki – formerly associated with Demand Justice – has preferred to side with those who insult, despise and threaten the authority of judges, and instead of calling for an end to the pressure campaigns against Breyer, she has suggested that the safety of this judge will depend on how quickly he leaves his seat on the Court.
The complicit silence of the President, and of the Speaker of Congress, Nancy Pelosi, in the face of such threats, coercion and hoaxes is the clearest proof that the Democratic Party is the main provocateur of these attacks on liberties, and that its purpose is the imminent authoritarian control of all the powers of the country.
What has happened in these days in relation to Justice Breyer and the defamatory campaign of the radical left against the Supreme Court, offers the first indications that democratic involution is underway. It has been the judge himself who has been forced to vindicate the legitimacy granted to him by the Constitution to explain in legitimate defense what the division of powers and the existence of counterweights in a consolidated democracy consist of.
For this reason, it should now be the Government, not the judge, who has to face up to the intimidations that have been perpetrated against legal institutionality and judicial independence.
This is not the first time that the Democratic Party has shown its contempt for the judiciary in order to subjugate it. What is curious are the moments in which the left orchestrates these attacks against the judiciary. Precisely, the bill that the Democrats are now taking to Congress fits in with an announcement made by Biden during his presidential campaign about the need to create a commission that would study possible reforms of the Supreme Court, including the expansion of the Court’s membership.
Respecting the Constitution and the law
Defending that the separation of powers confers on the executive and the legislature the power to reform the Judiciary is, at the very least, an unconstitutional and punishable act. And it clearly demonstrates the obsession of the Democrats to bend judges who have become a stone in the shoe for the Biden-Harris Administration project.
Imposing this bill with malice at a time of institutional instability such as the one the country is going through, could be highly detrimental to the constitutional order of the United States, under the fraudulent pretext of reversing a collegiate composition to the detriment of the Republican ideological membership.
In the horizon of political objectives set in Biden’s pacts with the extreme left of his party, the judiciary is the only substantive opposition remaining to the Democrats. That is why his priority now is to gradually turn the Court into a sort of House of Lords composed of advisors and honorable people, without the capacity to compromise the decisions of the Executive.
The superiority of the Democratic Party, with control of the White House and the majority in both chambers of the Capitol, can cause irreversible damage to the credibility of democracy in the United States with its stigmatizations and shameful interference.
We are undoubtedly facing the most serious attack perpetrated against judicial independence, which could bring about the symbolic death of Montesquieu’s legacy in the highest body of judges in the United States.
Constitutionalist congressmen and senators -not excluding, of course, those in the Democratic Party- should denounce this outrage against the rule of law. And warn that the continuity of the institutional and democratic architecture of the country is at stake.
The Constitution, born of free elections and the will of the people, states in its articles that the Government must limit itself to the powers granted to it by the supreme law. It establishes a federal system through the division of powers. Thus, the power of the State comes from the people, exercised on the basis of the conditions and responsibilities established by the Constitution and the laws.
That is the foundation of freedom in this country. And that is precisely what the Democratic Party wants to dismantle with its decision to adulterate the nature of the high court.
The Constitution has never given the federal government the power to subvert the foundations of the Supreme Court, but now Biden and the Congress, in the hands of the Democratic Party, want to do so.
When any branch of the political branch seeks to exercise jurisdiction not authorized by its own rules or mandated by the Constitution, the people will lose their status as free citizens and become subjects of the political elite.
Juan Carlos Sánchez, journalist and writer. His columns are published in different newspapers in Spain and the United States. He is the author of several books and is preparing the essay "Nación y libertad en el pensamiento económico del Conde Pozos Dulces" // Juan Carlos es periodista y escritor. Sus columnas se publican en diferentes diarios de España y EE.UU. Autor de varios libros, tiene en preparación la obra de ensayo “Nación y libertad en el pensamiento económico del Conde Pozos Dulces”