Last week five Democrats senators filed a threatening brief with the Supreme Court that was so “malicious” that even one of the left’s most arguably unhinged activists is now calling it out.
In a tweet posted Monday — exactly a week after Democrat Sens. Sheldon Whitehouse, Mazie Hirono, Richard Blumenthal, Richard Durbin and Kirsten Gillibrand — filed a brief literally threatening to restructure the high court unless it starts ruling in favor of Democrat interests — far-left Harvard Law professor Laurence Tribe called the brief inappropriate and stupid:
I agree the Court should drop this case as moot and am usually a fan of @SenWhitehouse but I think this brief was inappropriately — and stupidly— threatening. If anything is calculated to get the Court’s back up, it’s a brief like this. Really bad move. https://t.co/5vaZJTFYn3
— Laurence Tribe (@tribelaw) August 19, 2019
Filed on Aug. 12, the brief by the Democrat senators first bemoaned the high court’s conservative tilt, then demanded that the court side with Democrats in an upcoming decision pertaining to a gun rights case in New York City and finally, threatened to take action.
“From October Term 2005 through October Term 2017, this Court issued 78 5–4 (or 5–3) opinions in which justices appointed by Republican presidents provided all five votes in the majority. In 73 of these 5–4 decisions, the cases concerned interests important to the big funders, corporate influencers, and political base of the Republican Party,” it reads. “And in each of these 73 cases, those partisan interests prevailed.”
“With bare partisan majorities, the Court has influenced sensitive areas like voting rights, partisan gerrymandering, dark money, union power, regulation of pollution, corporate liability, and access to federal court, particularly regarding civil rights and discrimination in the workplace. Every single time, the corporate and Republican political interests prevailed.”
Elections have consequences, and one of the consequences of President Donald Trump’s 2016 victory was that he earned the right to essentially sculpt the Supreme Court. It’s a right that’s been capitalized on by almost every president since the court’s founding in 1789, including former Democrat Presidents Barack Obama, Bill Clinton, Jimmy Carter and Lyndon B. Johnson.
But because Trump’s sculpting — which has included the nomination and confirmation of Justices Neil Gorsuch and Brett Kavanaugh — isn’t to these senators’ liking, there’s a problem.
The entire brief be may viewed below:
“The Supreme Court is not well,” the brief concludes. “And the people know it. Perhaps the Court can heal itself before the public demands it be ‘restructured in order to reduce the influence of politics.’ Particularly on the urgent issue of gun control, a nation desperately needs it to heal.”
The threat was clear: Either rule correctly on “the urgent issue of gun control” or face possible restructuring (not to mention court packing). Yet the threatening brief has been endorsed by top Democrats, including Senate Minority Leader Chuck Schumer:
.@SenWhitehouse & his colleagues said in their amicus brief what so many people think—that the Supreme Court has become far too political and under the sway of right-wing organizations like the Federalist Society. Kudos to these Senators for speaking out.https://t.co/Fhkx6NzDPF
— Chuck Schumer (@SenSchumer) August 18, 2019
Brian Fallon, the executive director of the far-left nonprofit Demand Justice, also praised it.
“This filing is a badass move by these Senate Democrats,” he reportedly said. “The Republican justices on the Supreme Court should be on notice that the public is quickly losing faith in the court as a legitimate institution.”
Polling data from Gallup shows the Supreme Court enjoying a 51 percent approval rating versus 40 percent disapproval rating as of 2019.
But Tribe was not among the praisers, and that seems to speak volumes. The professor isn’t just a random talking head — he’s a notoriously anti-GOP/anti-Trump one with a rich history of spreading anti-Trump conspiracy theories and falsely linking conservative policy positions to white supremacy.
And then there’s the time that he said that if Democrats want to “kill” a president by impeaching him from office, they’ll need to “shoot to kill” …
Harvard Law professor Laurence Tribe on Democrats going after President Trump: “If you’re going to shoot him, you have to shoot to kill.”
CNN’s Chris Cuomo offered no pushback on Tribe’s comments. pic.twitter.com/uBJwSCjYpk
— Ryan Saavedra (@RealSaavedra) May 22, 2018
Suffice it to say, he’s not prone to defending anything having to do with Republicans. Yet even he has joined a growing chorus against the five Democrat senators. Included among the critics has also been well-known American attorney David French.
“It is easily the most malicious Supreme Court brief I’ve ever seen,” he opined in a column last week. “And it comes not from an angry or unhinged private citizen, but from five Democratic members of the United States Senate.”
“Without any foundation, they directly attack the integrity of the five Republican appointees and conclude with a threat to take political action against the Court if it doesn’t rule the way they demand.”
Other criticism may be seen below:
Senate Democrats sent a brief to the Supreme Court threatening that it needed to “heal” and not hear an upcoming gun case “or else face restructuring”
What happened to separation of powers?
Can you imagine if Trump leveled this kind of threat at a liberal court?
— Charlie Kirk (@charliekirk11) August 15, 2019
Outrageous political threat. Senate Democrats complain SCOTUS is too political. And then proceed to politically threaten SCOTUS, telling it to “heal” (or is that ‘heel’?) or face “restructuring.” https://t.co/Nd9OtSWkZ4
— Tammy Bruce (@HeyTammyBruce) August 13, 2019
Extremely concerning to see Senate Democrats threaten federal judges like this. If this isn’t an improper attempt to influence – read: OBSTRUCT – the highest court in the land, then I don’t know what is. https://t.co/v1wThyMOoA #FoxNews
— Senator Ted Cruz (@SenTedCruz) August 15, 2019
— Herman Cain (@THEHermanCain) August 14, 2019
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