The Volokh Conspiracy
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Today in Supreme Court History: April 22, 1992
4/22/1992: Planned Parenthood v. Casey argued.
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The Supreme Court Justices are mass murderers. They should be arrested for their crimes against humanity, tried, and shot in the court bssement. These are bigger mass murderers than all previous tyrants. They made law in violation of Article I Section 1.
This decision supoorts the change in the number of Justices to an even number. These 5-4 decisions have all been just awful, lawless, tremendously damaging to our divided nation.
8 of the 9 justices had been appointed by Republican Presidents. And the only one appointed by a Democrat, Byron White, dissented, as he had in Roe v. Wade.
That is why a Judiciary Act should move the Supreme Court to a small government place. No matter how conservative, spend 2 years in Washington, become a rent seeking, big government mass murderer. Here is a natural experiment. Watch the votes of Justice Barrett in 2024, no matter what her book says about courts' not making law.
I know. I sometimes make fun of Democratic Party hacks who, when arguing the court packing issue, say "Republicans have controlled the Supreme Court for 50 years". Obviously, several Republicans voted with the liberals, and Byron White often voted with the conservatives. No matter how one feels about court packing, it's a stupid talking point.
How can Republicans not control the Court when they got to pick 8 of the 9 members? Do you really think the Court's jurisprudence during the 1991 - 1992 term would not be any different if Democrats had appointed 8 of the 9?
"Republicans control the court" implies that the Court was enacting the Republican Party agenda. It wasn't. The "Democratic" side was still winning lots of cases.