In an extraordinary and outrageous move endangering the constitutionally mandated independence of the U.S. Supreme Court, five Democratic senators are threatening political retaliation against the court unless it denies the Second Amendment rights of New Yorkers in its first gun case in a decade.

Not since 1937 – when newly reelected Democratic President Franklin Roosevelt proposed adding additional justices to the Supreme Court in a blatant move to produce decisions more favorable to his New Deal agenda – has there been such a serious attempt to change the way the judicial branch of government operates in order to change the outcome of its decisions.

In fact, going back even further in history, the threat the Democratic senators are posing to the judiciary’s independence is arguably the greatest since that made by Britain’s King George against the 13 British colonies before they became the United States. Our Declaration of Independence lists these threats as one justification for the American Revolution.


Back in 1937, the Senate Judiciary Committee – led by Roosevelt’s fellow Democrats – refused to go along with what became known as his court-packing scheme. This committee stated in a report on Roosevelt’s legislative proposal that it was “nothing more than the declaration that when the Court stands in the way of a legislative enactment, the Congress may reverse the ruling by enlarging the Court.”


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