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Alan Dershowitz to Newsmax TV: Dems Stack Court Packing Commission

(Newsmax TV's "Saturday Report")

By    |   Saturday, 10 April 2021 11:26 AM

Not only do Democrats intend to pack the court, they are stacking the deck on the commission to review the expansion of the Judicial Branch, according to legal expert Alan Dershowitz on Newsmax TV.

"If they move toward court packing, it's crazy," Dershowitz told "Saturday Report." "And putting somebody like Laurence Tribe on the commission is an invitation to radicalism. Tribe is not a neutral constitutional scholar. He's a result-oriented constitutional manipulator for whom the Constitution always comes out in support of his political views, and so he's going to push hard for court packing. He's already advocated court packing.

"It's gonna be completely partisan," Dershowitz added to host Carl Higbie. "It's not going to be neutral and objective. There is some good people on the commission, but they're clearly in a minority."

Dershowitz noted the commission is made up for Democrats and never-Trump conservatives.

"That doesn't mean that it's not a good commission; it just means that it's very one-sided," he said. "Even the Republicans and the conservatives tended to be anti-Trump conservatives and Republicans, so it is not a balanced commission by any means."

Dershowitz does support a reform of 20-year term limits for new judges, particularly because the life expectancy in modern times is vastly different when past judges would serve around 15 years of a lifetime appointment. Dershowitz noted 35 years took too long and limiting terms to 20 years is a reasonable reform to pass a constitutional amendment on.

"Packing would be a disaster because that means every time a new administration comes in, and they control the legislature, they pack more and more and more," Dershowitz said. "We get up to 25, 30, 35 justice. What we're going to see, though, is the court packing, but it won't be the Supreme Court packing.

"What we're going to see is a recommendation, and it's gonna be very partisan, to appoint many more court of appeals judges and many more district court judges so that the Democrats get a majority in the lower courts. Remember the lower courts decide 95% of all the cases; the Supreme Court less than 5%. They have a big impact beyond their 5%, but the lower courts have an enormous impact.

"And we're going to see a recommendation and we're gonna see it implemented because all you need is the votes of Congress and the president."

Dershowitz, a self-described liberal Democrat, lamented partisan attempts to politicize the Judicial branch.

"Any structural reform should be neutral, objective, and should pass the shoe on the other foot test," he concluded. "That is, it shouldn't be designed to help the Democrats or the Republicans. It should be designed only to increase the efficiency and effectiveness and credibility of the Supreme Court.

"I don't think this commission with some of the people on it is going to move in that direction, unless they ignore the radical partisan claims of members like Tribe."

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Not only do Democrats intend to pack the court, they are stacking the deck on the commission to review the expansion of the Judicial Branch, according to legal expert Alan Dershowitz on Newsmax TV.
alan dershowitz, court packing, commission, judicial branch
Saturday, 10 April 2021 11:26 AM
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