![]() ![]() Kennedy.įor the next few weeks, many Democratic strategists want to change the subject from the Supreme Court, hoping that Republican voters’ passions aroused by the Kavanaugh fight will fade ahead of the midterm elections. As judges, they tend to rule more consistently for conservative outcomes than older Republican appointees, like the retired Justice Anthony M. Today, the majority five on the Supreme Court are all movement conservatives - Republican lawyers who came of age after an ideological backlash a generation ago to decades of liberal court rulings. While Congress rejected Roosevelt’s court-reform bill, the court changed course while lawmakers were considering it and started upholding New Deal laws - a move called “the switch in time that saved nine.” Still, even the political pressure of the threat might make some of the conservative justices more cautious. Some Republicans would have to go along for them to work: a court-expansion bill would need the support of 60 senators to overcome a filibuster, and while a simple majority of the House could vote to impeach, removal would require two-thirds of the Senate. Roosevelt after a conservative-dominated Supreme Court rejected important parts of his New Deal initiatives during the Great Depression, is broadly seen as having been misguided.Įither step would also face steep odds. And a previous attempt at court packing, by President Franklin D. No justice has been removed through impeachment. Some have gone as far as proposing - if Democrats were to retake control of Congress and the White House in 2020 or after - expanding the number of justices on the court to pack it with liberals or trying to impeach, remove and replace Justice Kavanaugh.Įither step would be an extraordinary violation of constitutional and political norms. ![]() ![]() “This confirmation vote will not necessarily be the last word on Brett Kavanaugh serving a lifetime appointment on the Supreme Court,” said Brian Fallon, executive director of the liberal group Demand Justice and the top spokesman for Hillary Clinton’s 2016 presidential campaign.įacing a Supreme Court controlled by five solidly conservative justices, liberals have already started to attack the legitimacy of the majority bloc and discussed ways to eventually undo its power without waiting for one of its members to retire or die. Bork in 1987.īut an even greater conflagration may be coming. ![]() Kavanaugh’s Supreme Court confirmation was the fiercest battle in a political war over the judiciary that has been steadily intensifying since the Senate rejected Judge Robert H. WASHINGTON - The bitter partisan fury that engulfed Justice Brett M. ![]()
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