Having failed to pass a bill to pack the Supreme Court with liberals, Senate Democrats are trying a new strategy: "reverse court packing.
Democrats on the Judiciary Committee have subpoenaed Federalist Society co-chairman Leonard Leo to try to see if he traveled with any justices so they can make those justices recuse themselves from related cases.
Leo is a close friend of both Justices Clarence Thomas and Samuel Alito, and since the senators can't subpoena those justices, they're going after him instead.
For his part, Leo and his legal team have made it clear that he shouldn't have to comply with the subpoena, citing the First Amendment and the Equal Protection component of the Due Process Clause.
Leo also took issue with the Supreme Court Ethics, Recusal, and Transparency (“SCERT”) Act being pushed by Senate Democrats, which they want to use in order to disqualify conservative justices from key cases.
Congress cannot put itself above the judicial branch, but that's exactly what the Senate is trying to do.
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