Analysis · Speech on a bill · beta

Andy Biggs

709 words · 48 sentences · 61 clauses

Statement grade
A–
Average 88 / 100
A score under 50 is red. Choose a measurement to see where it lost points and why; choose it again to clear.
Procedure 8%Claims 51%Reasoning 25%Positioning 11%Anecdote 2%Promise 4%

This view breaks the statement into its steps and names what each one does.

Mr. Speaker, Procedure · 9 wordsI yield myself such time as I may consume.Procedure Mr. Speaker, Claims · 35 wordsthe Supreme Court’s job is to tell the American people the truth about the law, even when that truth is unpopular, even when a President doesn’t like it, and even when Congress doesn’t like it. Reasoning · 8 wordsThat only works if the Court is independent. Claims · 32 wordsAlexander Hamilton expressed this in Federalist 78.1 He explained that the courts must be insulated from the political branches or they cannot do their job of protecting the rights of the people. Reasoning · 12 wordsDisagreeing with the Supreme Court is not just legitimate. It is American. Claims · 16 wordsWe amend the Constitution, or we pass new laws. We elect Presidents who appoint different judges. Reasoning · 9 wordsThat is how you change outcomes you don’t like. Claims · 8 wordsThat is the process the Founders gave us. Positioning · 25 wordsBut there is a world of difference between changing the law and changing the rules of the game because you don’t like the last call.Positioning Claims · 33 wordsPacking the Court is not simply a policy disagreement. It is an attempt to change the structure of one of the three branches of government in order to guarantee the outcome you want. Positioning · 7 wordsThat is not reform. That is revolution.Positioning Procedure · 8 wordsHere is the question every American should ask: ProcedurePositioning · 36 wordsIf a sitting majority can change the size of the Supreme Court the moment it dislikes rulings, what happens the next time the other side is in power? What stops them from doing the same thing?Positioning Claims · 10 wordsAs Justice Breyer said, this will start an ``arms race.’’2 Reasoning · 29 wordsOnce you go down that road, the Court stops being an independent check on government power. It becomes another political institution controlled by whoever happens to hold the majority. Claims · 55 wordsWe have already seen what this kind of rhetoric looks like. In 2020, Senator Schumer stood outside the Supreme Court and told Justices Gorsuch and Kavanaugh: 3`` . . . you have unleashed a whirlwind, 4and you will pay the price.’’ That was a threat, a threat that goes well beyond any normal policy disagreement.Off point Mr. Speaker, Claims · 41 words2 years later, an armed man was arrested outside Justice Kavanaugh’s home.5 Thankfully, law enforcement intervened before anyone was hurt. Words have consequences, and when political leaders convince people that the Supreme Court is illegitimate, some people take that rhetoric seriously. Positioning · 10 wordsSome on the left aren’t even hiding where this leads.Positioning Claims · 20 wordsThe Democratic Socialists of America now openly call for abolishing the Senate and replacing the Presidency and the Supreme Court.6 Procedure · 6 wordsI am not making that up.Procedure Claims · 5 wordsThat is in their platform.Off point Reasoning · 23 wordsSeeking to expand the Court is an admission that your arguments have not been good enough to persuade voters or your fellow legislators. Claims · 19 wordsWe rely on a political process, including robust one-on-one debates, to convince voters that ours are the superior plans. Reasoning · 18 wordsWhen you can no longer convince enough voters that you have the best ideas, you have two choices: Claims · 25 wordsYou can go back to voters with a better argument, or you can try to change the system so their vote doesn’t matter as much. Reasoning · 10 wordsThat is why the amendment before us is so important. Claims · 9 wordsIt fixes the number of Justices at nine permanently.7 Procedure · 9 wordsThat is not because nine is a magic number.Procedure Reasoning · 17 wordsIt is because a fixed Court cannot be expanded by whoever happens to win the next election. Claims · 12 wordsIt makes the rule the same regardless of who is in power. Procedure · 10 wordsTo my friends on the other side of the aisle: ProcedureClaims · 11 wordsWe don’t have to like every decision the Supreme Court makes. Anecdote · 11 wordsHeaven knows there are plenty of decisions I have disagreed with.Anecdote Procedure · 5 wordsThat is not the point.Procedure Reasoning · 54 wordsThe point is whether we are willing to live under a Constitution that limits our power even when we are the ones holding it. If we want to change the law, we can change the law, but we should not change the Supreme Court simply because we don’t like the people sitting on it. Claims · 30 wordsConstitutional government requires accepting outcomes we don’t like and fighting for change the right way: through elections, through legislation, and through the amendment process this very body is using today. Promise · 25 wordsLet’s keep the Supreme Court independent. Let’s keep it at nine Justices, and let’s keep the Constitution bigger than whoever happens to be in power. Mr. Speaker, Procedure · 7 wordsI reserve the balance of my time.Procedure

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