Court-packing would destroy constitutional rule of law and due process
Source: "HUGH HEWITT: The left’s 14-justice dream would turn the Supreme Court into a weapon | Fox News." April 23, 2026. www.foxnews.com
The Gist
Democrats want to add five liberal justices to the Supreme Court, giving them total control. This would destroy the Court's independence and turn it into a political weapon, ultimately ending constitutional protections for everyone.
Conclusion
The Democratic proposal to expand the Supreme Court to 14 justices would effectively end constitutional rule of law and violate due process guarantees
Premises
- Adding five progressive justices would create an eight-vote bloc that could override all existing precedent
- Court-packing would turn justices into 'legislators in robes' rather than impartial interpreters of law
- The proposal lacks historical precedent, as the Court has been stable at nine justices since 1869
- Court-packing would trigger escalating political retaliation, with each party expanding the Court when in power
- Such manipulation would mark the end of the rule of law and could lead to constitutional crisis similar to the fall of the Roman Republic
- The proposal may itself violate Fifth and Fourteenth Amendment due process guarantees
- Justice Jackson represents the most radical wing of the Court and would be the template for new appointments
Assumptions
- The current nine-justice Court provides appropriate balance and legitimacy
- Progressive justices inherently act as partisan legislators rather than impartial judges
- Historical precedent from 1869 should govern current Court composition
- Political retaliation is inevitable if institutional norms are broken
- Due process requires a Court insulated from political manipulation