In a recent article in The UnPopulist by Andy Craig titled “The Unfortunate Necessity of Court Packing to Stop America’s Authoritarian Drift,” is accompanied by an editorial note that begins, “Desperate times require desperate measures.”

A new blog post from Dan Greenberg, a senior legal fellow in the Robert A. Levy Center for Constitutional Studies at the Cato Institute, details why this is a misguided and dangerous argument to make, writing in part:

“Ultimately, justifications like ‘Desperate times require desperate measures’ rest on shaky ground. Such language is not just a concession but a confession. It suggests a perspective at odds with that of the healing profession that originated it. The modern use of that maxim conveys an entirely non-medical sentiment—something like: Those who encounter a breach of norms are therefore entitled to breach other norms. That justification of desperate measures is regularly abused.

“The abuse here is evident. The nation is not in a state of emergency; the Court is not illegitimate; partisan fevers do not justify court packing; and Craig’s proposal would endanger much of the doctrinal progress that the Supreme Court has made in recent years. The diagnosis is unwarranted, and the treatment is dangerous. As ever, the recipient of unorthodox medical advice is better off seeking a second opinion.”

To speak with Greenberg further, contact Christopher Tarvardian.