With Calls To Expand Supreme Court, Liberals Hope To Skirt the Rules | Opinion – Newsweek
The American people expected Franklin D. Roosevelt to bring an end to the Great Depression. But his administration struggled to do so and like most politiciansand FDR was shrewder than mosthe found ways to blame others for his failure.
One particular bogeyman was the United States Supreme Court, which kept finding FDR's recovery measures unconstitutional and was, therefore, easy to blame for the continued economic difficulties.
By 1937, FDR had had enough. He proposed a plan to "pack the Court" with new Justices he would appoint and whom the Senate would confirm to serve alongside those already on the Court.
In the short run, this gambit failed. The public reacted to it adversely and, at election time, gave the Democrats their worst electoral results in nearly a decade. Voters recognized that changing the number of Justices on the Court to change the thrust of their decisions was cheating. The Constitution, as they understood it then and as is still true today, says what it means and means what it says. FDR's attempt to load the Supreme Court with members who would rubber-stamp his legislative program, regardless of its constitutionality, violated the precepts on which the nation was founded.
In the long run though, FDR won. The Justices who stood in the way of New Deal reforms started to retire, and were replaced by men who found the market interventions at the heart of the New Deal more constitutionally consistent than their predecessors had.
History does have a way of repeating itself. The progressives who've now seized control of the Democratic Party see the current Supreme Court as standing in the way of what they want to accomplish. To them, the Court is a bastion of conservatism and originalist thinking that will use its power to defeat all efforts to expand the size and scope of the modern American welfare state.
The only way around that obstacle is to pack the Court with liberals who agree that the Constitution is a living, breathing document open to interpretations that must change with the times.
There are two ways progressives can do that. One is to enlarge the Court, as FDR tried and failed to do. The other is to discredit the Court or at least enough of its sitting Justices to force resignations or impeachments.
That's why Rep. Alexandria Ocasio-Cortez (D-N.Y.) has promised to file articles of impeachment against the Justices who sided with the majority in the Court's limited ruling on presidential immunity from criminal prosecution. She and her allies have distorted the impact of that ruling to the extreme so they can argue the Court has abandoned its responsibilities or has become hopelessly corrupt.
If they can do this, Ocasio-Cortez and others likely reason, then they can open up a few seats Joe Biden can fill with new Justices who will vote to overturn Dobbs v. Jackson, District of Columbia v. Heller, Loper Bright v. Raimondo, and all the other decisions they don't like.
We've seen this before, too. Conservatives didn't like Chief Justice Earl Warren and often talked of impeaching him. They even wrote songs about it, but none of that went anywhere. The Court finally changed, adopting a more originalist philosophy, but only after a long and arduous process that took decades.
Liberals can't wait that long. They feel they have a moral imperative that allows the ends to justify the means. Rewriting the rules is okay, just like rewriting the Constitution through judicial decisions rather than using the amendment process is okay. It's quicker and easier, and they do it well, while going through regular channels often doesn't get them where they want to go.
Don't be surprised if you soon hear crowds of leftists calling for Chief Justice John Roberts' resignation. One way or another, count on them to subvert existing democratic norms to try and get their way. They'll either drive public confidence in the Court down to a point where they believe the public will demand the appointment of three or four new Justices, or they'll try to follow through with their threats to remove Justices Thomas, Alito, and Roberts so they can establish a liberal majority with new Justices of Biden's choosing.
They can try, but most Americans who are not part of the coastal elite still value things like rules and fair play. They'll recognize these efforts to change the Court's composition for what they are. In this country, we don't let people win by cheating.
Newsweek Contributing Editor Peter Roff is a veteran journalist who appears regularly on U.S. and international media platforms.
The views expressed in this article are the writer's own.
Newsweek is committed to challenging conventional wisdom and finding connections in the search for common ground.
Newsweek is committed to challenging conventional wisdom and finding connections in the search for common ground.
Link:
With Calls To Expand Supreme Court, Liberals Hope To Skirt the Rules | Opinion - Newsweek
- Rob Shaw: Former BC Liberals plot United comeback amid crowded field - Vancouver Is Awesome - September 13th, 2026 [September 13th, 2026]
- Election 2026 Getting to Know the Parties: Vancouver Liberals & Kareem Allam - CityHallWatch - September 13th, 2026 [September 13th, 2026]
- CAQ to add 300 police officers, PQ and Liberals make health care promises - CTV News - September 13th, 2026 [September 13th, 2026]
- Liberals and NDP raise concerns about next weeks debate on Churchill Falls and Gull Island - 100.1 BayFM - September 13th, 2026 [September 13th, 2026]
- Trump trumps the economy Worries about Washington top the national agenda for the first time in a year, as the Liberals hold a 16-point lead. (Nanos)... - September 11th, 2026 [September 11th, 2026]
- Sweden election race tightens as Liberals make parliament threshold, poll shows - Reuters - September 11th, 2026 [September 11th, 2026]
- OPINION: The Ontario Liberals are in trouble - TVO.org - September 11th, 2026 [September 11th, 2026]
- Grattan on Friday: its taken Hansons overreach on Hastie to put some spine into Liberals - The Conversation - September 11th, 2026 [September 11th, 2026]
- Scott Stinson: Dylan Marando tells Ontario Liberals some things they want to hear, and some they don't - National Post - September 11th, 2026 [September 11th, 2026]
- Jauhar & the Politics of Distraction: How the Right and so-called liberals often complement each other - SabrangIndia - September 11th, 2026 [September 11th, 2026]
- The Really Big Show: Trump ups the ante as Liberals tell the same old story - VernonNow - September 11th, 2026 [September 11th, 2026]
- The Really Big Show: Liberals finally discover oil so does that mean Alberta was right? - VernonNow - September 11th, 2026 [September 11th, 2026]
- The Really Big Show: Trump ups the ante as Liberals tell the same old story - VictoriaNow - September 11th, 2026 [September 11th, 2026]
- Liberals push to criminalise flag burning - The Saturday Paper - September 11th, 2026 [September 11th, 2026]
- Liberals clinch three byelections in a very bad night for Poilievre: politicos - The Hill Times - September 6th, 2026 [September 6th, 2026]
- Lorne Gunter: Liberals ride anti-Trump wave to byelection wins, poll gains - Edmonton Journal - September 6th, 2026 [September 6th, 2026]
- MUST READ: Perth-Wellington Liberals hear from leadership candidate Bowman ahead of November decision - stratfordtoday.ca - September 6th, 2026 [September 6th, 2026]
- Liberals win B.C. riding of North-Vancouver Capilano in federal byelection - Global News - September 6th, 2026 [September 6th, 2026]
- Only the Liberals are defending Quebec within Canada, Milliard says - montrealgazette.com - September 6th, 2026 [September 6th, 2026]
- Canadas ruling Liberals sweep byelections in boost to Mark Carney - The Guardian - September 2nd, 2026 [September 2nd, 2026]
- Carneys Liberals sweep 3 special elections in Canada as voters back his stand against Trump - AP News - September 2nd, 2026 [September 2nd, 2026]
- With its back-to-school video, Portland Public Schools touches a nerve for both liberals and conservatives - OregonLive.com - September 2nd, 2026 [September 2nd, 2026]
- What the Liberals' byelection sweep says about voters - CityNews Kitchener - September 2nd, 2026 [September 2nd, 2026]
- Carneys Liberals sweep 3 special elections in Canada as voters back his stand against Trump - Temple Daily Telegram - September 2nd, 2026 [September 2nd, 2026]
- Chicoutimi byelection hands seat to Mark Carneys Liberals in the shadow of the trade war - Montreal Gazette - September 2nd, 2026 [September 2nd, 2026]
- Carneys Liberals win three special elections amid US trade tensions By Investing.com - Investing.com Nigeria - September 2nd, 2026 [September 2nd, 2026]
- Carneys Liberals reclaim a majority after sweeping three federal byelections - BNN Bloomberg - September 2nd, 2026 [September 2nd, 2026]
- A clean sweep for the federal Liberals as they win three byelections - Yahoo News Canada - September 2nd, 2026 [September 2nd, 2026]
- Carneys Liberals reclaim a majority after sweeping three federal byelections - CTV News - September 2nd, 2026 [September 2nd, 2026]
- Video: Liberals sweep by-elections across the country - The Globe and Mail - September 2nd, 2026 [September 2nd, 2026]
- In the News: Liberal Byelection Sweep and Defections Give Liberals a Two Seat Majority, 2026 BMO CAPP Energy Symposium Kicks Off Today - EnergyNow - September 2nd, 2026 [September 2nd, 2026]
- Liberals won more than 50% of the vote in all three Aug. 31 byelections - CityNews Toronto - September 2nd, 2026 [September 2nd, 2026]
- What is at stake for both the Liberals and Conservatives in the federal byelections? - CTV News - September 2nd, 2026 [September 2nd, 2026]
- CP NewsAlert: Carney Liberals win byelection in Chicoutimi-Le Fjord - The Lethbridge Herald - September 2nd, 2026 [September 2nd, 2026]
- Liberals won more than 50% of the vote in all three Aug. 31 byelections - Lethbridge News Now - September 2nd, 2026 [September 2nd, 2026]
- Liberals won more than 50% of the vote in all three Aug. 31 byelections - CHEK News - September 2nd, 2026 [September 2nd, 2026]
- Liberals Win Federal Byelections in Toronto and Chicoutimi - Barrie 360 - September 2nd, 2026 [September 2nd, 2026]
- Liberals sweep trio of byelections in Chicoutimi, Toronto and Vancouver - CFJC Today Kamloops - September 2nd, 2026 [September 2nd, 2026]
- Byelection battle: Three key ridings put Liberals to the test - CP24 - September 2nd, 2026 [September 2nd, 2026]
- Fawning liberals laid ground for the Jason Arday farce - The Times - August 12th, 2026 [August 12th, 2026]
- Liberals and Labor Keeping Stadium Costs Secret - tasgreensmps.org - August 12th, 2026 [August 12th, 2026]
- GOLDSTEIN: Its absurd for Jewish Canadians to treat Liberals as allies - Toronto Sun - August 12th, 2026 [August 12th, 2026]
- Opinion: So far, the Ontario Liberals leadership race is an exercise in meaningless platitudes - The Globe and Mail - August 12th, 2026 [August 12th, 2026]
- Victorian Liberals promise weekly red bin garbage collections for all, calling fortnightly system disgusting - The Guardian - August 12th, 2026 [August 12th, 2026]
- 'Not insurmountable' for Liberals to swing Conservative MP Larry Brock's seat in byelection: pollster - National Post - August 12th, 2026 [August 12th, 2026]
- Naledi Pandor on liberals, Akademia and UCT - Politicsweb - August 12th, 2026 [August 12th, 2026]
- 'Massive mountain to climb': Duniam's departing advice for Liberals - ABC News & Headlines Australian Broadcasting Corporation - August 12th, 2026 [August 12th, 2026]
- The Right vs. The Right: Conservative Liberals in the Age of Trump - CounterPunch.org - August 5th, 2026 [August 5th, 2026]
- Liberals Are Now Fighting a Two-Front War - The Atlantic - August 5th, 2026 [August 5th, 2026]
- Liberals extend lead as economic concerns and Trump dominate mindset. (Nanos) - Nanos Research - August 5th, 2026 [August 5th, 2026]
- Liberals in new bid to force urgent parliamentary hearing involving Lus Neves - Portugal Resident - August 5th, 2026 [August 5th, 2026]
- Conservatives lose fundraising bazooka as Liberals close the gap in first half of 2026 - The Hill Times - August 5th, 2026 [August 5th, 2026]
- Why are liberals melting down over DHS criticizing rogue judges but not the rulings? - Washington Examiner - August 5th, 2026 [August 5th, 2026]
- Liberals Are Ceding Ground to the Far Right on Ceuta Border Crossings - The Intercept - August 4th, 2026 [August 4th, 2026]
- Conservatives Perfected the Ideal Legal Tactic. Its Time for Liberals to Use It. - Slate - August 4th, 2026 [August 4th, 2026]
- Joe Rogan warns liberals against trying to turn Texas blue, says it would wreck the state's 'delicate balance' - Yahoo - August 4th, 2026 [August 4th, 2026]
- How the Braveheart tribe of young Liberals descended from the Hills only to have their kilts lifted by Icac - The Guardian - August 4th, 2026 [August 4th, 2026]
- Stop letting the liberals vs populists story turn the far-right into the only alternative - EUobserver - August 4th, 2026 [August 4th, 2026]
- Fundraising gap between Conservatives, Liberals shrinks in second quarter of year - The Globe and Mail - August 4th, 2026 [August 4th, 2026]
- Trevor Phillips: London liberals are only now realising how hated they are in Britain - The Telegraph - August 4th, 2026 [August 4th, 2026]
- Some Liberals secretly hope Poilievre will never leave, his unpopularity is working in their favour - hilltimes.com - August 4th, 2026 [August 4th, 2026]
- Liberals Maintain Six-Point Lead as Trump Tariff Threat and Wildfires Reshape the Public Agenda - Abacus Data - August 4th, 2026 [August 4th, 2026]
- Rob has the bucks cash: NSW Liberals used Reformers funds to pay for personal expenditure, Icac hears - The Guardian - August 4th, 2026 [August 4th, 2026]
- Liberals block hearings on Gordie Howe bridge deal as government MP admits confusion - Toronto Star - August 4th, 2026 [August 4th, 2026]
- Two candidates vying to be first woman to lead the Nova Scotias Liberals - CityNews Halifax - August 4th, 2026 [August 4th, 2026]
- Gina Rinehart and the Liberals: Why Australias richest person left - AFR - August 4th, 2026 [August 4th, 2026]
- LILLEY: Liberals want CBC to fight misinformation. That should worry every Canadian - Toronto Sun - July 24th, 2026 [July 24th, 2026]
- Conservatives are dying at higher rates than liberals. A new study points to mistrust in medicine - Daily Kos - July 24th, 2026 [July 24th, 2026]
- How Europes liberals are embracing the politics of security - EUobserver - July 24th, 2026 [July 24th, 2026]
- Liberals lead by nine in projection update - The Writ - July 24th, 2026 [July 24th, 2026]
- Liberals most supported by Canadians over 60 due to fears of Trump - Juno News - July 24th, 2026 [July 24th, 2026]
- Both the Liberals and One Nation refuse to see the contemporary world as it really is - SMH.com.au - July 24th, 2026 [July 24th, 2026]
- Michel Savard will no longer be a candidate for the Quebec Liberals after controversial comments - CityNews Montreal - July 24th, 2026 [July 24th, 2026]
- Liberals, Nationals to Deliver West Gippsland Hospital - Mirage News - July 24th, 2026 [July 24th, 2026]
- Both the Liberals and One Nation refuse to see the contemporary world as it really is - The Age - July 24th, 2026 [July 24th, 2026]
- The Carney Liberals Still Lead, but the Political Ground Beneath Them Is Not as Solid as It Looks - inFocus with David Coletto - July 20th, 2026 [July 20th, 2026]
- Why Ukrainian liberals love conscription Hypocritical propagandists aren't forced to fight - UnHerd - July 20th, 2026 [July 20th, 2026]
- People Are Reacting To This Study About Conservatives Dying Faster Than Liberals - Yahoo - July 20th, 2026 [July 20th, 2026]
- Liberals re-examine gender quotas in slew of proposals to make party fit-for-purpose political machine - The Guardian - July 20th, 2026 [July 20th, 2026]
- Liberals wont say if foreign homebuyer ban will be extended as renewal window narrows - Toronto Star - July 20th, 2026 [July 20th, 2026]