Biden: Court-packing, even by the good guys, is "imperialist," "corrupted by power," "will lead inevitably to autocratic dominance."
"Levy's Law: When the One offers the Many an alliance against the Few, it is not for the purpose of benefiting the Many." -- Jacob T. Levy
"Sometimes the Senate has had to stand strong and toe the line against imperialist Presidential leanings.
"... The Senate .. stood firm in the 1805 impeachment of Supreme Court Justice Samuel Chase. President Jefferson’s party had majorities in both the House and the Senate, and Jefferson set his sights on the Supreme Court. Specifically, he wanted to remove Justice Chase, a committed Federalist and frequent Jefferson critic, from the Court. Jefferson was able to convince the House to impeach Justice Chase on a party-line vote, and the President had enough members of his party in the Senate to convict him. But members of the President’s own party stood up to their President; the Senate as an institution stood up against executive overreaching. Justice Chase was not convicted, and the independence of the judiciary was preserved.
"The Senate again stood firm in the 1937 court-packing plan by President Franklin Roosevelt.
"This particular example of Senate resolve is instructive for today’s debates, so let me describe it in some detail. It was the summer of 1937 and President Roosevelt had just come off a landslide victory over Alf Landon, and he had a Congress made up of solid New Dealers. But the ‘‘nine old men’’ of the Supreme Court were thwarting his economic agenda, overturning law after law overwhelmingly passed by the Congress and from statehouses across the country.
"In this environment, President Roosevelt — and remember this old adage about power corrupts and absolute power corrupts absolutely — corrupted by power, in my view,* unveiled his court-packing plan—he wanted to increase the number of Justices on the court to 15, allowing himself to nominate these additional judges. In an act of great courage, Roosevelt’s own party stood up against this institutional power grab. They did not agree with the judicial activism of the Supreme Court, but they believed that Roosevelt was wrong to seek to defy established traditions as a way of stopping that activism. [* Italics above are words that were in spoken version but not printed.]
"In May 1937, the Senate Judiciary Committee—a committee controlled by the Democrats and supportive of his political ends—issued a stinging rebuke. They put out a report condemning Roosevelt’s plan, arguing it was an effort ‘‘to punish the justices’’ and that executive branch attempts to dominate the judiciary lead inevitably to autocratic dominance, ‘‘the very thing against which the American Colonies revolted, and to prevent which the Constitution was in every particular framed.’’
"Our predecessors in the Senate showed courage that day and stood up to their President as a coequal institution. And they did so not to thwart the agenda of the President, which in fact many agreed with; they did it to preserve our system’s checks and balances; they did it to ensure the integrity of the system. When the Founders created a ‘‘different kind of legislative body’’ in the Senate, they envisioned a bulwark against unilateral power—it worked back then and I hope that it works now.
"... In the end, Roosevelt’s plan failed because Democrats in Congress thought court-packing was dangerous, even if they would have supported the newly-constituted court’s rulings."