Clyburn Calls For Packing The Court With "Baker's Dozen" To Flip Cases

Authored by Jonathan Turley via Jonathan Turley,

On NBC's "Meet the Press," Rep. James Clyburn (D-SC) added his voice to expand the Supreme Court to a "baker's dozen," or thirteen members to allow Democrats to add justices who agree with him and Democratic members on how the law must be interpreted.

In the meantime, as discussed earlier, court packing is being pushed as the new litmus test for any Democratic candidates. Clyburn's "baker's dozen" is a telling description of an effort to bake in partisan views on a Court expanded to create an instant liberal majority. In defending this hostile takeover of the Court, Clyburn bizarrely insisted that the failure to do so might lead to a return to antebellum conditions when blacks were being given fewer rights than whites.

When asked by host Kristen Welker whether he supports the call of former Vice President Kamala Harris to pack the Court, Clyburn responded:

"Yes, I do. I think that we are in a position now that calls for some significant actions taken by the Congress and we ought to expand. Thirteen is a pretty good number. A baker's dozen would be a good number to have on the court. And I would hope we would get people on the Court who will follow the constitutional underpinnings of this great nation of ours."

Clyburn then made the sensational claim that, without taking over the Court, blacks could be returned to virtual slave conditions. He added:

"The 13th, 14th and 15th Amendments have been interpreted different ways over the years. And we had in the Warren Court an interpretation of those amendments that I thought would be set for the future of the country. We have now a Supreme Court that has decided to reverse course and take this country back, I say, to those rulings of Justice Taney that said that no black man has any rights that a white man must respect."

So, while recognizing that interpretations have evolved, Clyburn now demands a takeover of the Court because he disagrees with the current interpretations. It was fine when interpretations aligned with his views, but opposing viewpoints are intolerable and warrant packing the Court with reliable liberal votes. Other Democrats have demanded packing the Court to reverse immigration rulings.

The unhinged rhetoric reflects the importance of taking over the Court by Democrats who view the institution as a barrier to carrying out a radical agenda, including proposals that are considered unconstitutional. Liberal professors and pundits have identified a court takeover as essential to, as one law professor put it, guaranteeing that the Democrats never lose another national election. As former Attorney General Eric Holder and Democratic strategist James Carville have made clear, it is about power and guaranteeing its retention.

Of course, these figures know that it will take a great deal to get Americans to trash core institutions and values. Polls have long shown that a majority of citizens oppose efforts to pack the Court. FDR's infamous court-packing plan in the 1930s has been widely panned in history, but is now being used as a model by many Democrats to achieve short-term political goals.

In order to overcome this fealty to our constitutional system, citizens must be very angry or very afraid. That is why the rage rhetoric is increasing as we approach the midterm elections. In the last election, the prediction was the imminent end of democracy. Now it is the return to slavery conditions in the United States.

One can disagree with the Court without suggesting that these justices are effective racists or want to return the nation to pre-Civil War slavery conditions. The suggestion that the Court would return this country to the Dred Scott period from before the Civil War is deeply offensive to the conservative justices, including Justice Clarence Thomas, who is African American. It is an absurd suggestion and shows contempt not just for the Court but for Black voters.

Jonathan Turley is a law professor and the best-selling author of "Rage and the Republic: The Unfinished Story of the American Revolution."