All the cries from the left to expand and pack the Supreme Court for not giving them what they want have led to a rare flurry of public responses by members of the Court from across the ideological spectrum. Over the past week, Justices Steven Breyer, Amy Coney Barrett and Clarence Thomas have all spoken up against politicians and the media pressuring the Court to be more political or reading political motives into their decisions.
Liberal Justice Breyer said judges are not “junior league politicians,” while Barrett said the Justices are not “partisan hacks,” and she sometimes doesn’t like the results of her own decisions, but it’s not her job to decide cases based on the outcome she wants. Last night, Justice Thomas voiced agreement to an audience at Notre Dame University.
Since this latest round of “Pack the court” screeching was sparked by the SCOTUS not blocking Texas’ new abortion law, Thomas said the media make it sound as if the Justices always go to their personal preference; for instance, if they’re personally pro-life, they’ll always rule that way and become like a politician. Thomas said, “We have lost the capacity" as leaders "to not allow others to manipulate our institutions when we don't get the outcomes that we like." Because of this politicization, he said, "The court was thought to be the least dangerous branch, and we may have become the most dangerous."
One of the main reasons leftists want to pack the SCOTUS is their fear that Roe v. Wade will be overturned, and for the record, Thomas has called on the Court to do just that. But it’s not because he’s personally pro-life. As he explained in 2007, the Roe v. Wade decision has "no basis in the Constitution." And last year, he said Roe is "grievously wrong for many reasons, but the most fundamental is that its core holding -- that the Constitution protects a woman's right to abort her unborn child -- finds no support in the text of the Fourteenth Amendment. "
It’s ironic that the very people who are accusing conservative Justices of acting politically are actually terrified that a conservative majority would overturn decisions that were based purely on the Justices’ liberal political views.