Rep. Alexandria Ocasio-Cortez (D-NY) has backed Democrats’ effort to pack the Supreme Court by adding four new seats that would be filled by President Joe Biden, arguing the courts should not be allowed to overturn laws passed by Congress.
“I do think we should be expanding the court,” she told reporters.
The New York Democrat, part of the progressive “Squad” collective on Capitol Hill, reasoned the justices overturning laws is part of the problem with the 6-3 conservative majority.
“The idea that nine people, that a nine-person court, can overturn laws that … hundreds and thousands of legislators, advocacy and policymakers drew consensus on … we have to … just ask ourselves, I think as a country, how much does that current structure benefit us? And I don’t think it does,” she said.
Ocasio-Cortez appeared to reject the principle of judicial review enshrined in Marbury v. Madison (1803).
While radical, her stance repeated the position taken by then-President Barack Obama in 2012, when Obamacare came before the Supreme Court.
Obama complained “that an unelected group of people would somehow overturn a duly constituted and passed law.”
Later, Obama, a former lecturer in constitutional law, had to clarify that he did accept the principle of judicial review, which has been part of America’s constitutional framework for more than two centuries, and remains a crucial component of the balance of power between the three branches of government.
Author : Joel B. Pollak