The Dangers of Seizing the Supreme Court

A week before election day 2020, we wrote an article laying out potential scenarios based on possible election results involving Joe Biden becoming president:

They range from frustrating to devastating, putting a virtual lid on the prolife legislative agenda for a generation—and not to be too dramatic, but essentially declaring war on prolife individuals and organizations, turning us from opponents to dissidents.

With the odd results in Georgia’s Senate races, today we are somewhere close to the scenarios involving President Biden having congressional majorities. Currently, his U.S. Senate majority is supplied by President Kamala Harris casting a tie-breaking vote. Such a close divide means he can’t afford to lose a single senator, but also that all 50 U.S. Senate Republicans remain united.

One scenario we mentioned was that with a majority, Joe Biden could pack the U.S. Supreme Court, adding numerous pro-abortion justices. Today, we are officially at that step. Shortly after President Biden announced a “commission” to study the size of the U.S. Supreme Court, Congressional Democrat leaders prepared a plan to pack it with four additional justices, giving the Supreme Court 13 total seats.

Why 13? To help the Supreme Court justices share the workload? Because it’s a lucky number? No, because it would give Democrat nominees a 7-6 majority on the court. That’s it; their stated reason is to seize control of the Supreme Court, creating a majority of judges who will run roughshod over the law and U.S. Constitution to do their bidding.

Supreme Court reporter Ian Millhiser, writing for the popular publication Vox, explains Democrats have a divine right to those seats, because any time they lose it’s because of unfair elections: “So legislation adding seats to the Supreme Court would give Democrats control of a body that they rightfully would already control if the United States chose presidents and senators in free and fair elections where each citizen’s vote counted equally.”

Can Congressional Democrats push through this plan to seize control of the Supreme Court—in a hopeful gambit to achieve total and irreversible one-party rule—in such a divided U.S. Senate? Perhaps not, but they will continue seeking crises or outrages as excuses, and the only thing that can stop them right now is fellow Democrats. Pro-abortion fanatics will never stop until they either succeed or encounter such fierce blowback that their plan becomes a major liability to their election campaigns.

It’s also worth pointing out a historical fact. Since 1869, the U.S. Supreme Court has had 9 judges. The only serious effort since then to change the size of the Supreme Court was President Franklin Roosevelt using the threat of court packing to bully the Supreme Court into accepting his agenda in the 1930s. Roosevelt was successful. Is it mere coincidence that this plan was announced a day after the 6th U.S Circuit Court upheld Ohio’s ban on abortions targeting babies with Down syndrome. Will the current Supreme Court justices have the fortitude to resist this bullying?

What if they were to actually succeed? For the issue of abortion, it would mean no prolife law or regulation in any state will survive. Per Justice Ruth Bader Ginsburg’s wish, they will overturn Roe v. Wade in the other direction, perversely saying abortion is protected under the U.S. Constitution as “equal protection under the law,” equating every prolife law to illegal sex discrimination. Any violation of our First Amendment rights—from advertising pregnancy centers to sidewalk counseling in front of abortion facilities—will be approved by the Supreme Court. Taxpayer funding of abortion will be required under the U.S. Constitution.

Elections can have severe consequences! Is this future of absolute rule through unelected judges—with abortion as their most sacred value and highest political commitment—acceptable to you?

Please take a few minutes to visit our Action Center and contact your representative and senators in Congress and tell them this extreme attack on our democratic process is unacceptable. Then, please encourage your friends and family members to do the same.

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