Sol Wisenberg pans Bernie Sanders' idea of rotating Supreme Court justices: It's 'idiocy and unconstitutional'

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Sol Wisenberg: Bernie Sanders' idea for Supreme Court is 'idiocy'

Fox News contributor Sol Wisenberg said Friday that Bernie Sanders' idea for rotating Supreme Court justices would be "unconstitutional."

Fox News contributor Sol Wisenberg said Friday that Sen. Bernie Sanders' idea for rotating Supreme Court justices would be "unconstitutional."

During Thursday's Democratic presidential debate, the Vermont independent said the current makeup of the court is "terrible" after the additions of Neil Gorsuch and Brett Kavanaugh, but that he doesn't believe in "packing the court."

"I do believe constitutionally we have the power to rotate judges to other courts and that brings in new blood into the Supreme Court and a majority, I hope, that will understand that a woman has a right to control her own body and that corporations cannot run the United States of America," he said.

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Sanders' bizarre pitch was quickly criticized by many in the legal community.

Responding on "America's Newsroom," Wisenberg - a lawyer and former Deputy Independent Counsel in the Whitewater/Lewinsky Investigation - called the proposal "idiocy."

"It would be totally unconstitutional," he said, adding that "packing" the court by expanding it to include more justices would not be unconstitutional, though it's still a "radical idea."

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"President Roosevelt paid a heavy price for trying to do that. He was unsuccessful in it, but the Supreme Court hasn't always had nine members," he noted.

Meanwhile, President Trump told the Hill earlier this week that he would “definitely” fill another Supreme Court vacancy if one opened up prior to the 2020 presidential election.

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“We have the Senate. We have a great Senate,” the president told the Hill, referring to a Republican majority on the chamber of Congress that rules on Supreme Court nominees.

“We have great people. If we could get him approved, I would definitely do it. ... If there were three days left [before the 2020 election], I’d put somebody up hoping that I could get ’em done in three days, OK?”

Fox News' Dom Calicchio contributed to this story.