Montini: Ducey made the Supreme Court an offer it couldn't refuse

It was like the climactic end scene of “The Godfather,” only without the gunfire.

Gov. Doug Ducey quietly signed House Bill 2537, his much-desired court-packing bill, and in doing so consolidated his power over all the three branches of government, much like Michael Corleone took control over the “five families.”

Except that Ducey’s approach was more finessed and less noisy.

The governor doesn’t call his Supreme Court power play “court packing,” and he doesn’t like it when others refer to it that way.

But that’s what it is.

This wasn't about the court's needs

In his signing letter for HB 2537 the governor said, “Some, particularly national activists and media who aren’t familiar with our system here, have inaccurately described this as ‘court packing.’ That’s just wrong.”

Actually, no.

That’s just right.

Ducey has made one appointment to the current five-member court. Now he has the opportunity to add two more, raising the number of justices to seven and putting him only one vote away from a solid, Ducey-friendly majority.

The governor in his signing letter also wrote, “Some have said this bill is unnecessary, and that the court can handle its caseload just fine.”

VALDEZ:Chief Justice sold his soul to lawmakers

Foremost among the critics was Chief Justice Scott Bales, who wrote in a letter to Ducey that additional judges are not needed and expansion "is not warranted when other court-related needs are underfunded."

However, adding additional justices to the court was not about court-related needs. It was about Ducey-related needs.

Adding people is streamlining?

The governor concluded, “Finally, some have suggested this policy is at odds with the goal of streamlining and simplifying state government. I disagree.”

Really?

Adding unnecessary personnel and spending meets his “goal of streamlining?”

Actually, in a way, it does. It doesn’t make the court more efficient. But it makes the court easier to control.

EDITORIAL:Court expansion is about 1 thing

Governing is a tricky business.

It’s difficult to get judges to do what you’d like them to do. They can be so … independent.

If you’re a Republican governor with a Republican-controlled Legislature it’s a savvy move to put more justices on the bench who are beholding to you. Like-minded individuals. Team players.

The legislative, judicial and executive branches of government are supposed to be separate and equal.

A clever bit of consolidation

Ducey, the former CEO, now has them all under one roof, with him at the top.

It’s a clever (if cynical) bit of consolidation.

It may not be good for people who believe in the separation of powers or in checks and balances, but give the governor credit. It’s smart.

Just don’t challenge his governing.

Ducey gets a little prickly when skeptical people question his decisions or his tactics. It’s like Michael Corleone told his wife Kay:

“Don’t ask me about my business.”

MORE FROM E.J. MONTINI:

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