March 01, 2010

Court-Packing 3.0

As a follow-up to Jeffrey Rosen's suggestion that Obama appoint himself to the Supreme Court comes another call for a court-packing scheme. This one courtesy of Stan Isaacs:
So if nine justices is not writ in stone, the embattled President Obama should deal with this hostile conservative/reactionary court by adding three members. ...

That's an easy enough mistake for Obama to avoid. He can easily be a quarterback for change on a court that will give the president continued grief as he tries to implement his agenda.

Obama can give himself a fighting chance by changing the rules of the game, just as they were changed for other presidents in the 1800s. He should forget bipartisanship and work with congressional Democrats to name three new justices to the court to meet the challenges he faces.

The lesson: if you can't win, change the rules of the game, replacing "a government of laws and not of men" with a government of men and not of laws. It is odd that these proposals only come up in Democratic administrations.

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