Abortion rights advocates this week have been blockading intersections near the Supreme Court. At least one activist has been arrested for chaining himself to the fencing that now surrounds the Supreme Court building.

FRANCIS BOYLE, fboyle@illinois.edu
Boyle is professor of law at the University of Illinois. His books include Tackling America’s Toughest Questions. 

He has been advocating that the Democrats embrace expanding the court since the Brett Kavanaugh hearings.

Boyle said today: “Any violent actions against members of the Supreme Court are condemnable but should not obscure a central truth to people: The Federalist Society, with its complete distortion of the Constitution and phony concept of ‘Originalism,’ has been packing the courts since the Reagan administration. The Democratic Party should embrace counterpacking the courts. 

“Contrary to what many claim, FDR’s plan to expand the Supreme Court was a great success. The court got the message and began to uphold his New Deal legislation after previously striking it down, which prompted his scheme in the first place. So he did not have to pack the court. But these Federalist Society members are so hard core, it will be needed now. [Boyle is a longtime critic of the Federalist Society; see “Hijacking Justice” from 1999 in Emerge magazine.]

“Eliminating life tenure would require a Constitutional amendment, which is a non-starter to begin with and even a waste of time, efforts and money to try. Counterpacking is the best way to deal with this.”

 See recent interview: “Noam Chomsky: The Supreme Court Is Wielding Illegitimate Authority in the U.S.”

Sam Husseini of the Institute for Public Accuracy just wrote the piece “Stop Calling them ‘Justices’ — That’s ‘Not Their Job.’” He notes that John Roberts has said: “What is morally just and right — that’s not my job.”