The silver lining here is they have no power of enforcement themselves, and their decisions can be reversed if a sane court is built around them by leaders with enough spine to do so.
Democrats just need to get Biden out of the race so Trump can be kept out of office. And the house majority is very slim, so that can potentially be flipped too if the base can actually be energized instead of suppressed the way they have been. Democrats win when there is high turn out, so the name of the game needs to be showing people that Democrats are capable of listening.
…if a sane court is built around them by leaders with enough spine
Lack of spine isn’t the issue. It’s lack of political power.
And even then what would the new court do? If they go back to operating the way they did before this judicial coup, that wouldn’t actually fix any of the damage done. Or remove the traitor sitting on the SCOTUS.
A court with more judges would water down the influence of any extremists.
But yes, packing the court alone doesn’t guaruntee the court can’t be captured again. What Elie Mystal suggested way back when the court majority had flipped was basically two things that should happen:
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expand the court by alot, maybe somewhere within 20-30, similar to the 9th circuit that’s just below the Supreme Court. This helps dilute the power of individual crazies like Alito and then
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Rotate judges out routinely to other federal positions. This allows for their life-time appointment still, but ensures also that, due to the high number of justices, every administration is getting an opportunity to appoint a few judges every time. That revolving door means it wpuld require multiple far-right administrations to pin the court down like it is now.
There’s no reason the court needs to be nine justices, we’ve had more and less throughout our history as a nation, and there’s no reason that the courts power needs to be concentrated into the hands of so few individuals, since the purpose of the court is suppose to be a moderating force of legal scholars, not an explicitly partisan body.
None of this addresses my point. There isn’t the political power to do it.
And even if there was, the court has already essentially overturned precedent as a concept. That can’t just be rolled back without completely reworking the court, which…see my first point…
Lack of spine isn’t the issue. It’s lack of political power.
The court literally just gave Biden the power.
No, they get to decide what an official act is. So the only way this works out is Biden 66ing the extremist judges and the remaining vote that it was an official act. They get to decide what official acts are. So everyone Rubepublican has free reign and every democrat is boxed in.
they have no power of enforcement themselves
…which is why they’re working in tandem with the corrupt GOP, which does have the power. There isn’t a separation of powers in practice, just Democrats and Republicans.
Yes, what I’m saying is if you can keep the GOP out of power you hobble the supreme court. Like I said, it’s a source of hope and a goal to aim your political effort towards, not a permanent solution.
People downvoting this seem confused. I made the assumption people were able to understand I was talking longer term fight.
