It’s not surprising that the Democrats are nostalgic about The New Deal. It changed the country’s relationship to the government in a way that cemented their dominance in Congress for a couple of generations. They now have their hands around the House of Representatives, and they’re looking to add the Senate in 2020.
The New Deal also locked in Progressive domination of the Supreme Court for many years. FDR’s threat of expanding the court by packing it with additional justice who would rule in his favor effectively slowed judicial opposition to The New Deal so that the appointments during the 20 years of the Roosevelt/Truman administration could remake the balance of the judiciary.
Politico has a post up about 2020 Democrat presidential candidates starting to talk about packing the Supreme Court. Pete Buttigieg (who?) and Beto O’Rourke have said that they might expand the court. Kamala Harris, Elizabeth Warren and Kirsten Gillibrand also have said they might favor such an expansion.
“We are on the verge of a crisis of confidence in the Supreme Court,” said Harris (D-Calif.). “We have to take this challenge head on, and everything is on the table to do that.”
Gillibrand said in an interview that she believes that Justice Neil Gorsuch essentially possesses an illegitimate seat after Garland was denied even a committee hearing. The New York Democrat added that the Senate should move swiftly to impose strict ethics rules on the Supreme Court.
“It’s not just about expansion, it’s about depoliticizing the Supreme Court,” said Warren (D-Mass.), who mentioned bringing appellate judges into Supreme Court cases as an option.
Again, we shouldn’t be surprised that the Left has lost confidence in a court that has become more originalist in its outlook and less supportive of a living constitution that morphs into whatever Progressive cause du jour demands, and we should expect some of them to try to sell the idea of court packing through expansion during the coming election cycle.