Pack the court? Sure. How about if by some miracle the Republicans regain the House and President Trump nominates five more extremely young and extremely conservative judges and Cocaine Mitch McConnell rams them through in the next few months. How does that sound?
Article III of the U.S. Constitution does not specify the number of judges on the Supreme Court. The current number was set by the Judiciary Act of 1869, which is an act of Congress and can be changed by any subsequent Congress.
Or maybe we should go in the other direction. How about a Supreme Court of three judges? Thomas as Chief Justice, with Barrett and Alito as associate justices.
And while we are at it, how about if Congress limits the scope of the court’s authority? The Constitution seems to give them that power in Article III Section 2:
In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be a Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the Supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.
That would open up some interesting possibilities. How about a specific prohibition against limiting any of the 10 amendments in the Bill of Rights?
It is these insanities that makes conservatism immensely satisfying as a political philosophy. Chesterton’s Fence is a lesson that needs endless repetition. I’ll bet Harry Reid would like to revisit his destruction of the filibuster and the consequent boon for the Republican party. He claims to be happy with it, but legislation can always be changed, but the court is for a generation and can set the tone of legislation and even the direction of the political process of the country. As much as the Left would like to radically remake the structure of our government, there is the possibility that their enemies on the other side of the aisle will be emboldened to use those same tools, and the end result might be unpleasant for them.
If President Trump wins reelection next week, he will have a tremendous opportunity to do just that. Gut the regulatory state and empty the departments of the thousands of apparatchiks who have nurtured the Deep State. And a rational Supreme Court will be much more supportive of a return to basic principles!