Breyer suggested court-packing supporters to ‘think long and hard’ about the move.
MSNBC host Mehdi Hasan has called for liberal Supreme Court Justice Stephen Breyer to retire from the bench after forcibly speaking against court-packing earlier this week.
In the piece, published on Thursday and remained firmly in the headlines “Justice Stephen Breyer Must Retire from Supreme Court,” Hassan accused Breyer of deliberately ignoring the “partisanship” of his conservative allies, and dismissed his position as “naive, misguided and self-serving”.
Hasan wrote at one point, “It seems strange to me to remind a justice that nowhere in the Constitution is it said that there should be nine justices in a court.”
In a lecture at Harvard Law School on Tuesday, Breyer argued that politically-driven changes to the Supreme Court hurt the rule of law in the United States.
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“Our power, the power of the court, has to depend on the will of the public to honor its decision,” Breyer said. “Respect even those decisions they disagree with … even when they think the decision is wrong.”
Breyer said he expects “those whose initial tendency may be in favor of significant structural change or other similar institutional change, such as ‘court-packing,’ as they embody those changes in law Before we think long and hard. “
“If the public sees judges as politicians in robbing them,” Breyer said, “on the courts and in the rule of law, can only reduce the power of the court, acting as an investigation into other branches, including its power “
“If the public sees judges as politicians in robbing, then their faith in the courts and in the rule of law, can only diminish.”
“Previously, where on earth has he been for the past two decades, the Supreme Court has given one biased decision after another? Napping?” Hasan wrote.
Hassan cited Sheldon Whitehouse, D-, a member of the Senate Judiciary Committee. Since joining the Court of Chief Justice John Roberts in R2005, the Republican Justice has “won the interests of the Republican Donor at large” by 80- 4 Partisan decisions were allegedly prolonged. “
“Does Breyer really believe these rulings – in which he has dissolved! – were all ‘guided by legal doctrine, not’?” The columnist continued.
Breyer, in his address on Tuesday, cited several recent cases of how the authority of the court has been widely accepted because of the confidence of Americans – one of them Bush v. The case is Gore, which was essentially decided in the 2000 presidential election.
“Does Breyer expect us to believe that these decisions were delivered by conservative justices who helped rigorous elections in favor of the GOP, presumably not seen as’ robbing ‘politicians’ for these decisions” May go?” Hasan wrote.
The host of the “Mehdi Hasan Show” asked if public confidence in the court had waned because “the majority of the nine votes were appointed by a president who lost the popular vote? Or that one of those five, Neil Gorsuch, sitting in a ruthless? Stolen seat? Or that two of the nine justices, Brett Kavanaugh and Clarence Thomas, have been charged with sexual misconduct? “
Hassan then turned to Breyer’s age. At the age of 82, Breyer is the oldest member of the court since the death of Ruth Beder Zinsburg at the age of 87.
“These days, the RBG is seen as almost unmistakable, almost saintly,” Hassan wrote, “but it is worth recalling that in 2013 Obama was elected to replace Obama and to retire a Democratic-led Senate He received many calls. She Refused – and, well, the rest is history. “
“Politics aside,” he concludes, “If Breyer is really concerned about losing the trust and confidence of the Supreme Court people, what he thinks is a 7-2 conservative-led court, after a partisan decision.” Gives a biased decision, out of step, from public opinion, will look like the average American? What faith will it command? What credibility will it have?
“So,” Hassan continued, “if you need a hanger for your robe, Mr. Justice, let me know.”
Granthshala News’ Tyler Olsen contributed to this report.