Opinion

MORNING GLORY: End the filibuster, pack the Court, kiss the Constitution goodbye

Adding five progressive justices would create an eight-vote bloc that could override all existing precedent

By Hugh Hewitt Fox News

Published April 23, 2026 5:00am EDT

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McCarthy blasts Carville's Dem power grab plan for Supreme Court, statehood

McCarthy blasts Carville's Dem power grab plan for Supreme Court, statehood

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The Democratic Party wants to break the United States Senate’s legislative filibuster in order to pack the Supreme Court with jurisprudential clones of Justice Ketanji Brown Jackson, who has quickly emerged as the most radical of the nine justices. (Justice Jackson is also the most loquacious, as Mollie Hemingway points out in her new bestseller, "Alito: The Justice Who Reshaped the Supreme Court and Restored the Constitution." Justice Jackson uttered 78,215 words from the bench in the 2023-2025 term. Justices Gorsuch and Kagan got the silver and bronze in the spoken-word competition, but it wasn’t close, as they were both around 50,000 words apiece.

President Joe Biden supported expanding the Court to 14 members in April 2021. Massachusetts Sen. Ed Markey is one of many senators who have also applauded the number 14. That’s no surprise, as adding five radicals to Justices Ketanji Brown Jackson, Elena Kagan and Sonia Sotomayor would lock in an eight-vote bloc of justices who, after that revolution, would simply be legislators in robes. Kiss the Constitution goodbye if and when "the Nine" becomes "the Fourteen." Hard-left progressivism, whatever the flavor of that day may be, will be in the saddle.

The Fifth and 14th Amendments to the Constitution guarantee every American "due process of law." Do those guarantees stand between a left-wing Congress and a left-wing president bent on torching the Constitution?

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It is hard to deny that all precedents would be out the door with a radicalized Court packed with progressive activist law professors. The precedents might end up out the door with a nine-justice court if Democrats win enough elections, as Father Time remains undefeated when it comes to the current membership of the Court. That would not be a radical change, but rather a process the public could see and intervene in via elections. There is........

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