Justice Breyer’s Book to Come Out Against Dems Packing Court

Justice Breyer's Book to Come Out Against Dems Packing Court stephen breyer sits for portrait Associate Justice Stephen Breyer sits during a group photo at the Supreme Court in Washington, Friday, April 23, 2021. (Erin Schaff/The New York Times via AP)

By Eric Mack | Tuesday, 18 May 2021 12:50 PM

One of the three liberals on the Supreme Court, Justice Stephen Breyer, is coming out with a book that will pan the Democrats' agenda on court packing, according to the Washington Examiner.

Breyer's "The Authority of the Court and the Peril of Politics" is due to be released Sept. 7, 2021. He is one of three justices appointed by a Democrat, before former President Donald Trump brought three conservative justices to the court during his administration, tipping the ideology back to the right 6-3.

"A sitting justice reflects upon the authority of the Supreme Court — how that authority was gained and how measures to restructure the Court could undermine both the Court and the constitutional system of checks and balances that depends on it," the publisher, Harvard University Press, wrote in its synopsis.

Breyer is the focus of Democrats urging him to retire during President Joe Biden's administration, but his book will reject the narrative "the Supreme Court has become too political."

"A growing chorus of officials and commentators argues that the Supreme Court has become too political," HUP wrote. "On this view the confirmation process is just an exercise in partisan agenda-setting, and the jurists are no more than 'politicians in robes' ― their ostensibly neutral judicial philosophies mere camouflage for conservative or liberal convictions.

"As a result of this perceived crisis, and for the first time since the New Deal era, there is serious talk of court packing in the name of ideological balance."

Breyer's book will argue the public should not buy into the partisan narrative, which might undermine the "authority of the court."

"Breyer warns that public trust would be eroded by political intervention, dashing the authority of the Court," HUP wrote. "Without the public's trust, the Court would no longer be able to act as a check on the other branches of government and a guarantor of the rule of law, threatening the foundations of our constitutional system."

The book is scheduled to be just 112 pages and will echo Breyer's Harvard University speech in April, where he told Democrats to think "long and hard" on their court-packing agenda.

Among the Democrats' proposals would be to expand the court from nine to 13 justices while a Democrat is in the White House, ostensibly delivering a 7-6 majority back to liberal ideology and diluting the impact of Trump Justices Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett.

"If public trust is now in decline, the solution is to promote better understanding of how the judiciary actually works: Overwhelmingly, judges adhere to their oath to avoid considerations of politics and popularity," HUP wrote in the synopsis of Breyer's book. "The peril facing the Supreme Court comes less from partisan judges than from citizens who, encouraged by politicians, equate impartial justice with agreeable judicial outcomes."

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