The U.S. Supreme Court’s decision to punt former President Donald Trump’s final 2020 election challenge has led some observers to speculate that justices may have been intimidated to reject his claims of vote-rigging by Democrats who threatened last year during the campaign to pack the SCOTUS if they won.
One of them, conservative talker, lawyer, and constitutional expert Mark Levin, has regularly blasted the Supreme Court and lower federal courts for refusing to take up the Trump campaign’s challenges to changes in balloting rules and procedures ahead of the Nov. 3 election.
In particular, he has been extremely critical of Chief Justice John Roberts as well as two of the three justices nominated to the high court by Trump — Brett Kavanaugh and Amy Coney Barrett — for showing no interest in resolving the issue before 2022, when the midterm elections take place.
“They are cowards, and the leading coward is John Roberts,” Levin said. “I hate to tell you this, Amy Coney Barrett and Brett Kavanaugh are in on it. They’ve had multiple opportunities including today to clean up this mess and uphold the Constitution of the United States and make it very clear what needs to be done.”
He went on to note that three of the court’s conservatives, Justices Clarence Thomas, Neil Gorsuch, and Samuel Alito, have all said the cases should have been addressed.
“The Democrat Party strategically and meticulously went into the battleground states and destroyed their voting systems,” Levin charged, by “going around their Republican state legislatures.”
“The entire system is out of whack because I think the threats against the court by [Senate Majority Leader Chuck] Schumer and the Democrats — I think those threats, and I told you this months and months ago, have had an impact,” Levin said. “They’ve had an impact on Roberts and the other five who are a disgrace.”
He’s not alone in his thinking. During an interview Monday evening with Newsmax TV’s Greg Kelly, political consultant Dick Morris essentially made the argument.
“The Democrats have intimidated the Supreme Court,” Morris began. “All of the talk of packing the court, which went on during and after the election, combined with the Democrats winning the Senate and the House and the White House, so it’s possible to do that with simple majorities.”
That “has absolutely terrified the court because before these judges are liberals or conservatives, they are justices of the court,” he continued. “Their institutional interests in preserving the power and the role of the Supreme Court overcomes everything.
“If the court is packed, it doesn’t exist anymore,” Morris said, noting that once court-packing begins, subsequent presidents will do the same thing to make it more likely to rule in the administration’s favor.
“It’ll have 30 judges and it won’t be able to do anything,” he went on. “It literally was a threat to the core lifeblood of the court. And [President Joe] Biden knew what he was doing” when he refused to say ahead of the election whether he supported court-packing.
“He knew that that would be a losing issue in the election,” Morris said. “He knew nobody would vote for him because he’s gonna pack the court. They might vote against him because of that, yet they raised it during the election and stuck with it.
“I think the purpose of that is that they knew they were gonna put in shenanigans on Election Day, and they knew it would go to the [SCOTUS], and they wanted to intimidate the court and stop them from doing anything, particularly after the Barrett confirmation,” Morris added.
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