Summary of "Unpacking Court Packing" – The 47 Morning Update with Ben Ferguson
In the October 15, 2020 episode of The 47 Morning Update with Ben Ferguson, host Ben Ferguson engages in a comprehensive discussion with Senator Ted Cruz on the contentious issue of court packing, its historical context, contemporary political maneuvers, and the burgeoning influence of Big Tech in political discourse. Below is a detailed summary capturing the key points, discussions, insights, and conclusions drawn during the episode.
1. Introduction to Court Packing and Historical Context
The episode begins with a focus on recent Supreme Court confirmation hearings, drawing parallels to historical attempts at court packing. Senator Ted Cruz addresses President Franklin D. Roosevelt's (FDR) 1937 proposal to expand the Supreme Court, labeling it a "boneheaded idea" despite its legality.
"President Roosevelt clearly had the right to send to the United States Senate, the United States Congress, a proposal to pack the court. It was totally within his right to do that... But it was a bonehead idea."
— Senator Ted Cruz [00:19]
Cruz emphasizes that while FDR's move was legally permissible, it jeopardized the independence of the judiciary, undermining public trust in the Supreme Court's impartiality.
2. Current Political Climate and Democratic Stance on Court Packing
Transitioning to the present, Cruz critiques Democratic leaders, including Joe Biden and Kamala Harris, for their ambiguous stances on court packing. He suggests that their reluctance to provide clear answers stems from an intention to satisfy their "hardcore base" interested in expanding the judiciary to secure favorable outcomes.
"I think they recognize that's a really unpopular idea. So they're refusing to answer it."
— Senator Ted Cruz [02:10]
Cruz interprets the Democrats' strategic silence as an acknowledgment of their support for court expansion, potentially altering the balance of power in favor of liberal judicial appointments.
3. Implications of Court Packing on Judicial Independence
Delving deeper, Cruz recounts how FDR's court-packing plan, although unsuccessful in the legislative sense, influenced the judiciary by causing justices to shift their rulings, thereby aligning more closely with FDR's policies. He warns that similar tactics today could erode the Supreme Court's independence, leading to a politicized judiciary.
"Once FDR launched a full on assault on the court, it switched and they began rolling over for him a whole lot more."
— Senator Ted Cruz [08:57]
4. Defining Court Packing and Its Constitutional Basis
Cruz clarifies the concept of court packing, distinguishing it from the routine process of nominating and confirming justices to fill vacancies. He underscores that court packing involves expanding the number of justices to influence the Court's ideological balance.
"Packing the court is expanding the number of Justices in order to put your political supporters on there."
— Senator Ted Cruz [06:36]
He notes that while the Constitution does not specify the number of justices, traditionally, it has remained at nine for over a century, despite the number of appellate courts increasing.
5. Big Tech's Role in Political Censorship
Shifting focus, the discussion addresses recent incidents where major tech companies like Facebook and Twitter censored a New York Post report alleging Hunter Biden's improprieties in Ukraine. Cruz criticizes these platforms for suppressing information without presenting evidence of inaccuracy, suggesting political bias aimed at protecting Democratic interests.
"They simply made the unaccountable decision, the arrogant decision. We will not allow this to be shared, discussed. And you, the press, can't even put out your own stories."
— Senator Ted Cruz [19:16]
6. Legislative and Executive Responses to Tech Censorship
Cruz outlines his proactive measures in addressing Big Tech's censorship, including sending letters to the CEOs of Facebook and Twitter. He questions their decision-making processes and seeks transparency on whether such actions are selectively applied to stories detrimental to specific political figures.
"I sent today letters to the CEOs of both Facebook and Twitter as chairman of the Constitution Subcommittee, the Senate Judiciary Committee, setting out a series of questions..."
— Senator Ted Cruz [20:35]
He emphasizes the limitations of legislative bodies in enforcing change, advocating for executive branch intervention to regulate and oversee Big Tech's influence on public discourse.
7. The Inadequacy of Section 230 and Legislative Challenges
Cruz critiques Section 230 of the Communications Decency Act, which provides immunity to online platforms from liability for user-generated content. He argues that this provision is failing, as Big Tech companies are no longer neutral platforms but active gatekeepers influencing political narratives.
"I think section 230, the special immunity from liability that Congress has given Big Tech is plainly failing."
— Senator Ted Cruz [25:20]
He calls for reevaluation and potential restructuring of these laws to curb the disproportionate power wielded by tech giants.
8. Media's Role in Normalizing Court Packing
The conversation touches upon the media's role in redefining terms like "court packing," with Cruz accusing them of manipulating language to frame justifications for expanding the judiciary as depoliticizing efforts.
"It's a very different thing. And they're trying to... The AP wrote this week... which some critics have referred to as packing."
— Senator Ted Cruz [11:59]
Cruz warns that such redefinitions could obscure the true intent behind court expansion efforts, misleading the public and normalizing politically motivated changes to the judiciary.
9. Potential Republican Countermeasures to Democratic Court Packing
Addressing future scenarios, Cruz speculates on Republican responses should Democrats proceed with court packing. He envisions a tit-for-tat escalation, urging Republicans to expand the Court in response to maintain ideological balance.
"If Democrats win in November and then Republican respond in kind when they return to power?"
— Question from Listener [31:49]
Cruz underscores the dangers of such an arms race, predicting a perpetual struggle that would transform the Supreme Court into a hyper-political institution, undermining its foundational role.
10. Discussion on Linguistic Control and Sexual Orientation Terminology
In a lighter yet pertinent segment, Cruz critiques Democratic politicians' insistence on redefining terms like "sexual preference" and "immutable." He challenges the coherence of advocating for immutability in sexual orientation while endorsing the fluidity of gender.
"It's a vestige of some of the arguments that used to be common between left and right about whether... Is genetics or a choice."
— Senator Ted Cruz [35:17]
He highlights perceived inconsistencies in the left's approach to gender and sexuality, questioning the ideological underpinnings of such linguistic controls.
11. Brief Interlude: Jim Carrey’s Portrait of Ted Cruz
Towards the episode's end, the conversation takes a humorous turn as Michael Knowles inquires about Jim Carrey's portrayal of Cruz as a demon. Cruz shares his amusement and the playful interaction with his daughter regarding the artwork, showcasing a more personal side amidst the intense political discourse.
"It's pretty surreal. Look, Jim Carrey is a funny guy... I'm gonna make his painting my avatar on Twitter."
— Senator Ted Cruz [28:33]
Conclusion
The episode culminates with a reflection on the pervasive influence of political strategies like court packing and Big Tech censorship, urging vigilance and proactive measures to preserve judicial independence and free discourse. Senator Ted Cruz emphasizes the significance of upcoming elections in determining the trajectory of these critical issues, advocating for informed and decisive actions to safeguard democratic principles.
Notable Quotes:
-
"President Roosevelt clearly had the right to send to the United States Senate, the United States Congress, a proposal to pack the court... it was a bonehead idea."
— Senator Ted Cruz [00:19] -
"Packing the court is expanding the number of Justices in order to put your political supporters on there."
— Senator Ted Cruz [06:36] -
"They simply made the unaccountable decision, the arrogant decision... And you, the press, can't even put out your own stories."
— Senator Ted Cruz [19:16] -
"I think section 230... is plainly failing."
— Senator Ted Cruz [25:20] -
"If Democrats win...they use brute power to just grow the court and force in radicals who will mandate their view of policy from the court."
— Senator Ted Cruz [16:58]
This episode serves as a critical examination of the mechanisms through which political power can influence the judiciary and public discourse, highlighting the urgent need for transparency, accountability, and adherence to democratic norms.