this case about a group that had supported her to the tune of millions of dollars and she declined to step down and recuse yourself from the i think that fuels a lot of the concern about the legitimacy of the court and the lack of code of ethics that applies to the supreme fort justices. >> host: brian fallon is a cofounder and executive director of the group demand justice and the website is demand justice .org. if you want to see more about the work particularly on this issue, mr. fallon, thank you for your time on this issue. >> guest: thank you for having me and thank you to the callers. >> host: we continue on our discussion taking a look at efforts tota expand the supreme court with mike davis, founder and president of the article three project and also serves as a former chief counsel for nominations and senate judiciary committee of 2017-2019. richard davis, good morning. >> guest: good morning, the giver having a. >> host: can we talk about your group activities and how you are funded. >> guest: yeah, i run the article three project and we fight for a judiciary that

follows the rule of law so we fight for judges who interpret the law, apply the law as written with contextualism and as understood by the public and at the time that the law is enacting and we don't like judicial activism weather on the left or the right. we think judges have a limited critical role of interpreting the law and not writing the law and we are funded by small donors and you can use go to article three and that is how people all over america can make small dollarna donations. >> host: where do you and your organization fall on this idea of expanding the number of justices on the supreme court? >> we firmly oppose court packing. we see this as a power grab by democrats and we see it as a radical assault on judicial independence. we have had nine supreme court justices, nine seats of a scream

court since 1869 and more than 150 years ago right after the civil war and we saw in 1937 during the height of president fdr presidency he tried to attack the sabine courts and it failed spectacularly in law support even among his own party and they sought as a power grab. he saw the late justice ginsburg, the lioness of the left, come out and make the highly unusual public announcement of court packing because it is so extreme as a political and they discussed with brian fallon earlier that justice breyer came out and opposed court packing because it will politicize the court so you have two to the left and four democrats appointed supreme court justices making the highly unusual public announcements of court packing and that's all you need to know. >> host: the previous guest mr. fallon made the case back in 1869 that the number and went to the idea of federal circuit courts and maybe that's

applicable this time so you see anything in that argument? >> guest: that argument is completely wrong. the federal court appeals were not savaged by congress until 1891 and supreme court justices use to write circuit meaning they got more courses around the country before 18 and to assist the supreme court with the deal abso that is not applicable at all. if you look at the number of circuits we have had 13 circuits and where were these democratic operatives calling for the court packing and we had 13 circuits for a long time and this is purely political power grab and what is happening here is that we have the first true constitutionalist majority on the supreme court in more thanye 80 years but president trump appointed justices corset, kavanaugh and barrett now we have a six-three republican

appointed supreme court and now the judges are actually going to funnel the law rather than rewrite the law. democrats don't like this because they lost their grip on the supreme court and it's their final stop and the final backstop to stop democrats from total control in our country. they have the white house and the of the senate and have the house and the one think that is keeping them in check is the independent supreme court and federal judiciary and they don't like that so theyy want to chane the rules. >> host: you're probably been aware of the legislative effort by representative ed markey and others to talk about or i'm sorry, senator ed markey to expand the number of the court and they appeared in from the court to make their case and i want you to listen a little bit to what they had to say and then get your response to it. >> the republicans stole two seats on the supreme court and now it is up to us to repair that damage. our democracy is in jeopardy today because the supreme court standing is sorely damaged.

the way we repair it is straightforward. we undo the damage that the republicans have done by restoring balance and we do it by adding four seats to the court to create a 13 member supreme court. these four new seeds to be filled by president biden will reconstitute the united states supreme court and the bench will then rightly reflect the values of the majority of the american people on whose behalf they serve. ... constitutional. congress has done it before. congress must do it again. we must expand the court and abolish the filibuster to do it. the word etched above the main entrance of the supreme court building behind us express to ultimate responsibility of the court. equal justice under the law. but

justice under the law. but how will they have equal justice win seats on the courts have been stolen? how will there be equal justice when republicans have purposely weaponized the highest court of the land for the own partisan gain? >> mr. davis, your response to those arguments. -- arguments? guest: the american people don't support this. displeasure has been voiced about this. you have senator joe manchin, senator sinema, as well as nevada senator, and tim kaine. you have six senators who have come out and said that this is a bad idea and there is not support for this in the senate. there is not popular support for

this -- you have to remember that ryan fallon -- brian fallon and his group brought the me too allegations against then judge kavanaugh in 2018. and four democrat senators went into early retirement. over the me too fight with judge kavanaugh. we saw brian fallon pushing to defund the police in 2020. that cost democrats several very winnable seats in the senate and all over the country. and now brian fallon of demand justice wants to pack the courts. so republican should welcome this because it will not end well for democrats. host: our guest is with us,58 --

our guest is with us, for republicans (202) 748-8001. for democrats (202) 748-8000. for independents (202) 748-8002. to text (202) 748-8003. you can also post on facebook and twitter. one >> we will leave this discussion from "washington journal" but you can find online in its entirety at c-span that organ. take you live to hearing on president biden's spending request for the military. >> members are responsible for muting and then beating themselves. if you notice that you have not admitted yourself, please do so when you're called upon for question. if i i notice you have it unmd yourself i would ask if you need the staff to help you. please indicate and the staff of a neutral microphone. all members and witnesses, the