A recent plan, proposed by far-left judicial activists, calls for Senate Democrats to add hundreds of new federal judges to the lower courts through a procedural tactic known as the “reconciliation process.” If accomplished, the left would gain absolute power by wielding the executive branch, the legislative majority, and now the judiciary as well.
For a long time, there has been talk of progressive plans to expand the Supreme Court and fill the highest court with leftist judges. But the plan was cut short after Amy Barrett joined the Supreme Court and consolidated the conservative majority.
In light of this situation, Daily Caller reveals the new strategy of the far left, which would be the first to expand the federal courts and fill them with judges sympathetic to the progressive and leftist agenda.
Yale Law School professor Samuel Moyn and Take Back the Court director Aaron Belkin sent a memo on March 29 to Senate Majority Leader Chuck Schumer and other leading Senate Democrats urging expansion of the federal appellate and district courts using the “reconciliation” remedy.
The “reconciliation process” is a parliamentary procedure that allows the Senate to pass legislation affecting the budget, including tax and spending measures, with only a simple majority and no option for obstruction by the opposition.
From now on, it will not be so easy for leftist democrats. Faced with a sweeping attempt to expand the federal courts using the reconciliation process, Republicans will surely appeal to the so-called “Byrd rule,” a regulation incorporated into the Congressional Budget Act in 1990, which seeks precisely to prevent senators from abusing reconciliation by adding “extraneous” issues to budget-related legislation.
The Byrd rule gives the Senate parliamentarian, a strictly nonpartisan official, the authority to determine whether measures in a reconciliation bill satisfy the rule’s six criteria.
Determining whether a non-budget item meets the standard required by the Byrd rule can be very difficult and controversial because the rule does not specify particular cases, and its interpretation has historically varied depending on the Senate parliamentarian, the Heritage Foundation noted promptly.
Moyn and Belkin mentioned in their memo to Senate Democrats that adding 250 lower court judges meets the six criteria imposed by the Byrd rule, arguing, among other issues, that the proposal would cost an estimated $209 million to $382 million extra in government spending, affecting the budget for 2021.
The current Senate Member of Parliament is Mrs. Elizabeth MacDonough, and it is not yet clear whether she would support the radical proposal or not. What is certain is that an intense debate will begin between Republicans and Democrats, where the Republicans will try to demonstrate that the measure, regardless of whether or not it meets the legal requirements to be implemented, constitutes a fundamental attack on democracy and freedom of powers.