I perceive a cautionary tale in the contrasting Supreme Court nominations of Merrick Garland and Amy Coney Barrett, not about the hypocrisy of the Senate’s confirmation procedures nor of the jurists’ contrasting legal approaches. Rather, I observe raw power at work. The Democrats didn’t have the power to get Merrick Garland even a hearing, and the Republicans had the power to fast track Amy Coney Barrett’s confirmation on the threshold of a volatile presidential election. One of the great hazards of such exercises of power, is that they can turn around and hurt those who play such power games. For that reason, I would not suggest that the Democrats pursue court packing should they gain such power in the coming election. It was damaging when Franklin Roosevelt tried it to push through New Deal measures that were his plan for addressing the Great Depression. What I am suggesting has nothing to do with my political preferences, only recognizing the breadth of the principle that those who live by the sword, die by the sword. (Matthew 26:52)
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