Democrats are foaming at the mouth after the Supreme Court ruled 6-3 to overturn the landmark abortion ruling Roe v. Wade last week in a stinging rebuke to the progressive agenda and now look to wage total war against yet another of the nation’s institutions with some guidance from The New York Times which lays out the playbook for brutal revenge.
In a weekend op-ed penned by columnist Jamelle Bouie entitled “How to Discipline a Rogue Supreme Court,” he urges Democrats to strike back hard against what he describes as “a reckless, reactionary and power-hungry court,” meaning the conservative justices who refused to be intimidated by the mob.
The would-be constitutional scholar claims, “The Supreme Court does not exist above the constitutional system” in making the case for the other two co-equal branches of the U.S. government to take a wrecking ball to the current court.
“The Supreme Court can be checked and the Supreme Court can be balanced,” wrote Bouie who has been praised as “one of the defining commentators on politics and race in the Trump era” by the Columbia Journalism Review.
According to Bouie, the Democrat-controlled Congress “can impeach and remove justices. It can increase or decrease the size of the court itself (at its inception, the Supreme Court had only six members). It can strip the court of its jurisdiction over certain issues or it can weaken its power of judicial review by requiring a supermajority of justices to sign off on any decision that overturns a law. Congress can also rebuke the court with legislation that simply cancels the decision in question.”
His endorsement for the political removal of justices who weren’t appointed by Democrat presidents is extreme and such moves would not sit well with the tens of millions who have already seen their faith in elections shaken by the 2020 results and ongoing questions about its legitimacy, the weaponization of the federal government by President Joe Biden against supporters of former President Donald J. Trump and a series of ultra-partisan witch hunts and show trials, most recently the January 6 select committee hearings.
But Bouie isn’t exactly an outlier when it comes to a party that is now controlled by its most extreme elements who are swarming like furious hornets after the SCOTUS whacked their nest on Friday.
On Sunday morning, a duo of Dem lawmakers with ideas more in line with a Soviet-style system of courts than that of a constitutional republic echoed Bouie’s angry column when Sen. Elizabeth Warren declared that the court is illegitimate.
“This court has lost legitimacy. They have burned whatever legitimacy they may still have had,” she said. “They just took the last of it and set a torch to it with the Roe v. Wade opinion.”
Warren has frequently advocated for court-packing to water down the power of conservatives by installing a cadre of left-wing ideological zealots like herself.
The Supreme Court has a legitimacy crisis.
Six radical justices are imposing their extremist views on the entire country — against the will of the American people.
Congress must protect our democracy from this rogue Court.pic.twitter.com/qZSWallE4T
— Elizabeth Warren (@SenWarren) June 26, 2022
Warren’s counterpart in the lower chamber, Rep. Alexandria Ocasio-Cortez went a step further, calling for a House Judiciary Committee investigation of the conservative justices, yet another example of how today’s Democrat-controlled Congress has more in common with the Soviet Politburo during the Stalin era than what was long admired as the world’s greatest deliberative body back when responsible adults were in charge.
AOC cites ‘hostile takeover’ of Supreme Court to call for House Judiciary investigation https://t.co/kbxkrJw15h pic.twitter.com/FI4ybUFm05
— Conservative News (@BIZPACReview) June 26, 2022
Ocasio-Cortez also raised the possibility that several of the justices could be impeached, allowing Biden to hand-pick and install their replacements.
Constitutional law professor Jonathan Turley weighed in on Bouie’s call to arms, tweeting, “New York Times just ran a column by Jamelle Bouie titled, ‘How to Discipline a Rogue Supreme Court.’ It once again calls for court-packing and impeachment as a response to the Court ruling in a way that Democrats oppose…”
New York Times just ran a column by Jamelle Bouie titled, "How to Discipline a Rogue Supreme Court." It once again calls for court packing and impeachment as a response to the Court ruling in a way that Democrats oppose…
— Jonathan Turley (@JonathanTurley) June 26, 2022
“…Bouie writes that ‘the Supreme Court does not exist above the constitutional system’ and ‘cannot shield itself from the power of other branches.’ As with members like AOC, it is a pre-Marbury mentality being pushed by the media,” Turley wrote, referring to the landmark 1803 decision Marbury v. Madison that established the principle of judicial review, giving the SCOTUS the ability to strike down laws that it found to violate the U.S. Constitution, a monumental ruling that has served as the foundation of American constitutional law for over two centuries.
…Bouie writes that “the Supreme Court does not exist above the constitutional system” and “cannot shield itself from the power of other branches.” As with members like AOC, it is a pre-Marbury mentality being pushed by the media.https://t.co/ui4tzv6glT
— Jonathan Turley (@JonathanTurley) June 26, 2022
“…Liberals appear ready to dispense with judicial independence to bring our courts in line with the commands of public opinion,” Turley added, suggesting that what Democrats are advocating is nothing less than mob rule.
…Liberals appear ready to dispense with judicial independence to bring our courts in line with the commands of public opinion. https://t.co/JpYpdAHNiZ
— Jonathan Turley (@JonathanTurley) June 26, 2022
Bouie admits that his game plan for judicial dominance will likely be ignored by those less extreme than “Pocahontas” and AOC.
“Despite the arrogance of the current Supreme Court — despite its almost total lack of democratic legitimacy — there is little to no appetite within the Democratic Party for a fight over the nature of the court and its place in our constitutional system,” he claimed.
“The power to check the Supreme Court is there, in the Constitution. The task now is to seize it,” he wrote.
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