Alan Dershowitz to Newsmax TV: Court Ain’t Broken, Don’t Fix It

By Eric Mack (NEWSMAX)

Republicans have brought this court-packing commission upon themselves by using their legislative authority to block Merrick Garland from the Supreme Court, according to constitutional legal expert Alan Dershowitz told Newsmax TV.

“Look, I’m not a cautious conservative, but it ain’t broke, so we shouldn’t fix it just because people like me are dissatisfied with the current composition; I am,” Dershowitz told “Saturday Report.” “I would much prefer to see three or four more liberals on the Court, but I don’t want to destroy the Court to help my ideological goals be achieved by a politicized Supreme Court.”

Dershowitz told host Carl Higbie he could not object to Democrats weighing court packing if he supported Republicans’ constitutional authority of blocking Garland in his nomination at the end of the Obama administration and the pushing through of Justice Amy Coney Barrett’s confirmation at the end of the Trump administration.

“The Supreme Court has become far too politicized of an institution,” Dershowitz said, adding that is the nature of legislative authority.

“It’s constitutionally permissible, but both sides are playing politics with the Court, and I just don’t think that’s a good idea for the institution itself or for the benefit of all Americans.”

Dershowitz would support some discussion of reforms to lifetime appointments, because “45 years is too long,” but increasing the size of the Supreme Court when your party has power is a slippery slope that will expand the Court to an unworkable size.

“Nine it about the right number,” Dershowitz concluded. “Once you get up to 13 it gets a little harder.”