San 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 heart.)
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.