Francisco State University political scientist Aaron Belkin and Harvard Law
School Professor Mark Tushnet, via a remarkable blog post, recently urged
President Biden to simply ignore the
ruling of the U.S. Supreme Court if and when it is at odds with a
left-wing political agenda.
Tushnet is, distressingly,
the former president of the Association of American Law Schools, while Belkin
is president of Take Back the Court, a leftist advocacy group that wants to
expand the size of the Supreme Court. (Traditionally known as “court packing.”)
The group also preposterously claims that “Republicans stole the Supreme
Court to obstruct progress and undermine democracy.” Yes, those rascally Republicans,
always so bold in their actions (rolling my eyes), had the audacity to appoint
members to SCOTUS when one retired or died…and they held the presidency…as the
Constitution directs, subject to Senate confirmation. As Democrats have done
for many decades. How this could possibly translate to they “stole the
Supreme Court to obstruct progress and undermine democracy” is
beyond any logical person’s rationalization.
Yet, the dictatorial
duo utilized Balkinization, a legal scholar website, to write: We urge
President Biden to restrain MAGA justices immediately by announcing that if and
when they issue rulings that are based on gravely mistaken interpretations of
the Constitution that undermine our most fundamental commitments, the
Administration will be guided by its own constitutional interpretations.
We have worked diligently over the past five years
to advocate Supreme Court expansion as a necessary strategy for restoring
democracy. Although we continue to support expansion, the threat that MAGA
justices pose is so extreme that reforms that do not require Congressional
approval are needed at this time, and advocates and experts should encourage
President Biden to take immediate action to limit the damage.
Yes, the Biden administration
clearly must ignore the literal rule of law in order to preserve the
rule of law! It must act outside of the law—and Constitution—to preserve our
democracy…which is under existential threat from originalist justices. It must
ignore and/or run roughshod over every democratic institution to engender
progress and save our democracy. President Biden must ignore and eschew the
judicial and legislative branches of government and issue an executive
mandate, in effect a royal decree, overturning or superseding the findings
of the Supreme Court of the United States. Because “progressives” don’t like
the ruling. (If the reverse were to occur, and, say, SCOTUS upheld Roe
v. Wade, progressives would be demanding that the SCOTUS ruling be seen us
utterly inviolate-- an infallible, unquestionable ruling issued by a wise and
beatific body that has only the best interests of our beloved democracy at
But that is only the tip of the hypocrisy
iceberg of late. Abbe Lowell, lawyer
for Hunter Biden, recently sent a letter to the Office of Congressional Ethics requesting
action against Rep. Marjorie Taylor Greene (R-GA) for daring to show a
couple (of the many) explicit photos of the younger Biden that he had on his now
infamous laptop computer. Incredibly, Lowell states in the letter that the
OCE has "a duty to make loud and clear that it does not endorse, condone,
or agree with her outrageous, undignified conduct
and brazen violations of the standards of official conduct."
Um, that could more correctly be said about Hunter Biden,
since it is his “outrageous, undignified conduct” and “brazen violations
of the standards of official conduct” that MTG was highlighting. MTG did not snort
the blow or covert with the hookers. Nor did she extort money
from Ukraine with help from “The Big Guy.” Yet, to leftists, it’s Greene
who is the problem, because she could possibly be a minor impediment to their
never-ending quest for more and more control, greater and greater power. Ergo,
she—and all those like her-- must be charged, intimidated, attacked,
smeared, silenced, cancelled, imprisoned…or whatever the hell else it takes…so
that their rule is not endangered.
And if you think that sounds like the opposite of
democracy, you are part of the problem, too.
So “screw you and SCOTUS too,” they say.
Because they have no intention of saving “our” democracy. They
only wish to save their democracy.
Which is no democracy at all.