The Supreme Court's composition significantly impacts democratic legitimacy, as demonstrated by the 2016-2020 period when Senate leadership blocked Merrick Garland's nomination for 422 days while simultaneously rushing Amy Coney Barrett's confirmation within two months of Ginsburg's death, resulting in a 6-3 court where a majority of justices were appointed by presidents who lost the popular vote, raising concerns about the court's alignment with political interests rather than constitutional principles.
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Jamie Raskin Exposes The Secret Plan To Eliminate Black Representatives By 2028!!!
Added:But by 2028, we will probably see all white congressional delegations from the deep south wherever the Republicans control the state legislatures. Okay, that is court packing. That's political packing by a packed Supreme Court. The court today has a legitimacy crisis, not just because of the way it's been composed and stacked and packed and gerrymandered and divided by uh uh Mitch McConnell who laughs about it. He thinks it's funny.
>> Jamie Raskin just delivered the constitutional indictment that explains everything. Two Supreme Court seats officially stolen by Mitch McConnell and the Republican Senate. In 2016, McConnell blocked Merrick Garland for 422 days laughing that the people should decide. Two years later when Ruth Bader Ginsburg died with less than two months before the election, McConnell laughed off his own rule and rammed through Amy Coney Barrett. Result, a 6-3 MAGA court where a majority of justices were appointed by presidents who lost the popular vote. A court so robotically loyal it invented immunity doctrine out of thin air for presidential felony crimes, something no president ever claimed in American history. This court has a legitimacy crisis. Watch this. If you want to support the channel and get exclusive videos, kindly hit the join button below. That's how we keep this going.
>> Thank you very much Mr. Chairman.
Uh and I I suppose that court packing like justice itself lies in the eye of the beholder.
Um but there are many different kinds of court packing. Here's one.
Um when Justice Scalia died in February of 2016 when Barack Obama was president, Senator Mitch McConnell announced 10 and 1/2 months before the presidential election that the Senate would not be considering any replacement. The Judiciary Committee would not have any hearing. There'd be no vote in committee and there'd be no vote on the floor.
Uh when people asked why that makes no sense to hold the Supreme Court seat open, to hold that vacancy open for nearly a year, he said, "It was too close to the next presidential election, and the people should decide." Of course, the people had decided in electing Barack Obama to one of those genuine, bonafide 4-year terms in office, like every other president.
Well, uh, we've got a controlled experiment about what would happen, because that was held open. Merrick Garland was nominated by Barack Obama and was left twisting in the wind for nearly 11 months after the death of Justice Scalia. Then, uh, Trump, when he got in, um, was able to nominate Neil Gorsuch to the seat in his first week in office, um, and that seat was open for 422 days. And Mitch McConnell bragged about it, calling it the most consequential decision of his entire public career.
And of course, it's cemented the rapid movement of the Supreme Court to the right to incarnate the MAGA agenda on the Supreme Court. Well, look, here's what happened, uh, when Ruth Bader Ginsburg died. Now, she died on September 18th, 2020.
So close to the next election, which was less than 2 months away, that early voting had started in a lot of the states.
So, it wasn't even 2 months away.
And then the Democrats asked Mitch McConnell, some reporters asked Mitch McConnell, "Well, of course, you're not going to have hearings or vote or anything in the next few weeks, are you?" And he laughed it off. He laughed off the suggestion that they would maintain the same rule that they had used to block Merrick Garland and President Obama from having a seat. And then, they rammed through the nomination of Amy Coney Barrett, uh, within 2 months, consolidating the right-wing, anti-choice, anti-environmental regulation, anti-labor, anti-voting rights, anti-democracy majority on the Supreme Court. Had the original McConnell rule been applied, or even a reasonable approach taken with just a few weeks before the election, that's that Supreme Court seat would have been filled by President Biden, not by Donald Trump. Biden won that election, by the way, by more than 7 million votes, if you're interested in what the people want, 306 to 232 in the Electoral College. I know some people came down to overthrow the election, attack our police officers, in order to accomplish a political coup to deny that, but that's what happened.
So, right there we've got two seats officially stolen by Mitch McConnell and the Republican Senate, giving them a 6-3 mega court with a majority of the court now made up of nominees of presidents who lost the popular vote.
Lost the popular vote. Roberts and Alito, Gorsuch, Kavanaugh, and Amy Coney Barrett, all nominated to the court by justices by presidents who lost the popular vote.
Now, if you don't believe that this Supreme Court has received has conceived and achieved a remarkable transformation in constitutional jurisprudence, ethics, and behavior on everything from abortion to voting rights to political corruption cases, then you don't have to believe me, or you don't have to believe your own eyes, just listen to Donald Trump, who openly says, "It's really okay for them to be loyal to the person that appointed them to almost the highest position in the land, a justice of the US Supreme Court." He berates and vilifies justices and judges up and down the federal system who disagree with him, or who he feels have been insufficiently robotic in their loyalty to the mega agenda.
It's true. He doesn't want a justice loyal to the people. As the good chairman of the subcommittee says, or the Constitution. He wants a Supreme Court loyal to him.
And whatever is going to advance his interests, his money, his family, his corporations.
He's got a Supreme Court majority so robotically loyal that they will pluck a doctrine out of thin air. Nothing to do with originalism, nothing to do with textualism, out of thin air to insulate the president from liability for felony crimes committed in office. We went for more than two centuries without any president ever claiming the right to commit crimes under his office and not to be prosecuted for it, but here we are today. The Supreme Court we must acknowledge has been a profoundly conservative reactionary institution for the vast majority of our history. And what did the Supreme Court ever do for enslaved people between the founding and the Civil War? Nothing, other than in 1857 in the Dred Scott decision, cement their subjugation into place, saying that the African slave and his descendants have no rights a white man is bound to respect in any way. And then even after the Civil War, after the passage of the 13th, 14th, and 15th Amendments drawn from the blood, sweat, and tears of the Union and the people who fought to defend our country against the Confederacy, the Supreme Court gutted the meaning of the Reconstruction Amendments in the Civil Rights cases.
And then in 1896 in Plessy versus Ferguson, constitutionalized the the reign of Jim Crow, separate but equal.
So, we have a couple decades around the Warren Court, maybe the first few years of the Burger Court, where the Supreme Court acted on the side of the people.
Brown versus Board of Education, striking down American apartheid, the white primary line of cases, Terry versus Ohio, Roe versus Wade, but it didn't last long before it all sank away with the Rehnquist Court and the Roberts Court, and now they've returned to the historic baseline of political white supremacy. They wiped out our Voting Rights Act first in Shelby County versus Holder in 2013 and a couple months ago in the Cali decision. And we are about to see they're not going to be able to accomplish it all in 2026, but by 2028 we will probably see all white congressional delegations from the deep south wherever the Republicans control the state legislatures. Okay, that is court packing. That's political packing by a packed Supreme Court. The court today has a legitimacy crisis, not just because of the way it's been composed and stacked and packed and gerrymandered and divided by Mitch McConnell who laughs about it. He thinks it's funny what they did. Why do some people want 13 circuits, Mr. Chairman? Very 13 members of the court.
You don't need a conspiracy theory for that. There are 13 federal circuits in America and traditionally the Supreme Court has been made up of the number of justices equal to the number of circuits. And we got 13 circuits, but we only have nine justices. So, that means that under the best of circumstances four entire federal regions, four federal circuits will be left out completely. And it's much worse than that today because we've got five justices from New York City alone, one for each borough, but you're telling a majority of the people who live in a majority of the states that they they can't find anybody qualified to serve on the Supreme Court. So, that's the answer to that particular question, but we've got a complete structural ethical jurisprudential crisis in the Supreme Court whose name is in the gutter because of these terrible decisions that they keep issuing like the overthrow of Roe v. Wade, Planned Parenthood v. Casey, the complete construction out of thin air of immunity of presidents to commit felony crimes while in office and so on. And I hope that this court will do its best to try to behave like a Supreme Court, but there are things that we can do and I introduced one bill yesterday called the SCOTUS Act.
And the SCOTUS Act um is creating a new way for cert to be granted because this Supreme Court is obviously acting like a legislature. I mean, they set up an agenda where they want this case about the Voting Rights Act, they want to destroy it. Oh, now it's time for us to overthrow abortion rights, we're going to take that case.
All right. A lot of countries don't leave the agenda-setting authority to the court itself and certainly we should not leave it in the hands of this Supreme Court. It belongs with the 13 federal circuits. We should have a panel made up of the chief judge of each federal circuit or their designee if they want another judge to do it and they should decide when there is a meaningful circuit split or a federal question that should go up to the Supreme Court. This court obviously cannot be trusted with that agenda-setting authority. Let's begin to create a real Supreme Court in the country by moving in this direction and I thank you, Mr. Chairman.
I yield back to you.
>> Let's be absolutely clear about what Jamie Raskin just articulated. The entire Trump administration's ability to operate with impunity from war crimes to corruption to attempted coup flows directly from a Supreme Court that has been stolen, packed, and now operates without legitimate authority. This is the institutional root cause of every corruption documented in the previous 31 scripts.
The timeline is straightforward. Justice Antonin Scalia died on February 13th, 2016.
Barack Obama was president with 10 and a half months remaining in his term. He nominated Merrick Garland. Mitch McConnell announced the Senate would not consider any replacement, not hold hearings, not vote in committee, not vote on the floor. When asked why, McConnell said it was too close to the election. The people should decide. The people had decided. They elected Barack Obama to a four-year term like every other president, but McConnell held that seat open for 422 days, then bragged about it as the most consequential decision of his entire public career.
The controlled experiment came four years later. Ruth Bader Ginsburg died on September 18th, 2020, two months before the election. Early voting had already started in many states. It wasn't even two months away. Raskin asked what McConnell would do. Apply his own rule?
McConnell laughed it off. Within two months, the Republican Senate confirmed Amy Coney Barrett, consolidating a 6-3 MAGA majority on the Supreme Court. This is the definition of court packing, not adding seats, stealing them through procedural manipulation. The consequences are profound. A majority of the current Supreme Court, five of nine justices, were appointed by presidents who lost the popular vote. Roberts and Alito, nominated by Bush who lost the popular vote to Gore. Gorsuch, Kavanaugh, and Amy Coney Barrett, nominated by Trump who lost the popular vote to Clinton and Biden. The legitimacy crisis is not theoretical.
This court has dismantled voting rights protections, overturned abortion rights, and invented presidential immunity doctrines that no president ever claimed in American history. In the recent immunity case, the court created this doctrine out of thin air, Raskin's phrase, with nothing to do with originalism, nothing to do with textualism. Trump, meanwhile, has openly stated he wants justices loyal to him, not the Constitution. He berates justices who don't demonstrate sufficient roboticness in their loyalty to the MAGA agenda. That's not a judiciary. That's a captured institution. Raskin's historical context is damning. From the founding through the Civil War, the Supreme Court did nothing for enslaved people except cement their subjugation. After the Civil War and the Reconstruction Amendments, the court gutted them.
Plessy versus Ferguson in 1896 constitutionalized Jim Crow. It wasn't until the Warren Court, Brown versus Board, voting rights cases, Roe versus Wade, that the Supreme Court sided with the people. But that lasted decades before the Rehnquist and Roberts courts returned to the historic baseline of political white supremacy.
Now we're seeing the predictable outcome. The court wiped out the Voting Rights Act in Shelby County versus Holder. Months ago in the Callee decision, they did it again. By 2028, Raskin predicts we'll see all-white congressional delegations from the Deep South wherever Republicans control state legislatures. Raskin proposes solutions.
The SCOTUS Act would create a new certification process where the chief judges of all 13 federal circuits, not the Supreme Court itself, determine when cases warrant Supreme Court review. It removes agenda-setting authority from this compromised court. Why 13 justices?
Because there are 13 federal circuits, and traditionally the Supreme Court matched that number. We got 13 circuits, but only nine justices. Five justices alone are from New York City. That's not representation. That's capture. This Supreme Court legitimacy crisis is the institutional rot that enables every corruption, every war crime, every constitutional violation documented in this entire library. Fix the court and you fix the conditions that allowed everything else. You're watching Inside Politics. Hit that subscribe button and help us reach 100,000 subscribers and comment your thoughts.
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