Two sitting Supreme Court Justices clearly debunked the faulty claim made by The Washington Post Editorial Board that eight Supreme Court justices are not enough for the court to function. Having served for over a combined 32 years on the Supreme Court, Justices Samuel Alito and Steven Breyer have a much more solid understanding of the workings of the Court than The Washington Post.
Justice Alito made it clear that the Court will be able to handle the workload by saying, “we will deal with it,” explaining that the court has functioned with six justices before eventually expanding to nine justices.
Sounding like he is prepared for a lengthy vacancy on the Supreme Court bench, Justice Samuel Alito said Tuesday that the court will find a way to get its work done with eight members following the death of Antonin Scalia.
The court has functioned with an even number of justices before, Alito said, noting that the Constitution does not set the court’s size.
A few weeks ago, Justice Breyer discredited The Washington Post’s claim by saying the Court had not been “diminished” by having only eight Supreme Court justices, as the Court has been functioning with eight justices since the death of Justice Antonin Scalia in February.
Justice Stephen Breyer said Monday that the Supreme Court has not been diminished by having only eight members since the death of Justice Antonin Scalia in February.
Justices Alito And Breyer aren’t alone in their opinions that eight justices are enough for the time being. Chief Justice John Roberts and Justice Elena Kagan both agree:
Chief Justice John Roberts and Justices Samuel Alito and Elena Kagan also have said in recent public comments that the court would find its way until a ninth justice is confirmed.
Justices Alito and Breyer understand that leaving the seat open will ensure that the political process of nominating a Supreme Court justice in a presidential election year doesn’t interfere with the independent workings of the Supreme Court. Eight justices is surely enough for the court to function and we should trust the words and experience of those who know best. It is in our country’s best interest to ignore political posturing for people on the far left who would love to see President Obama fundamentally change the makeup of the Court during his final months in office.