The Supreme Court: RIP Literally Everything

https://twitter.com/DanRather/status/1540437291700613121

Well the whole reason the SC was set up the way it was is so that Judges could make unpopular but correct decisions. I suppose there is a certain amount of merit to that argument, but none of it is working as intended, so may as well scrap that bit too.

No way there are 50 votes to eject any of these conservative justices unless Biden kidnaps a few senators’ daughters.

And Merrick Garland not getting a hearing and ACB getting rushed onto the court were…?

Right, but you’d repeal it before leaving office. If they get the trifecta they can do it on their own anyway Nuking the filibuster for abortion is a dangerous precedent in theory, but in reality it’s the only way to codify Roe anyway. That alone would open the door to the GOP banning all abortions with 50 Senate votes.

Seems decent in theory. Also you’d have to fade Manchin and or Sinema not following through for some dumb reason. That’s a sweat for sure.

Doesn’t help with the Texas workaround as there are just civil suits (I think) by individuals.

Yeah there’s a chance you’d need separate bills for each state law. I assume the crime has to be exactly the same for double jeopardy to attach, if it even does in this scenario.

Republicans are going to nuke every institution necessary to get to get their way. Dems are the battered wife bargaining with their drunk husband and telling the cops how good a guy he is.

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Removing the filibuster sounds great until you realize that it means the republicans will get unlimited reign of government the moment they have all three houses, which probably happens fairly often in a 2 party system.

Right. In a world where the GOP was as deferential to decorum as Democrats getting rid of the filibuster would make some sense. In the current climate, as soon as GOP takes control of a climate without the filibuster they would implement extremely draconian and fascist policies—not the fascism progressives decry today, Dachau level fascism.

There is nothing preventing the GOP from removing the filibuster when they get power. They already did it with judges.

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They didn’t do it under 45, so saying we need to do it now because they will in the future seems suspect.

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Republicans will do it anyway when it suits them (and it actually often doesn’t). Might as well take your turn.

Whats an up and down list of GOP laws in a world without filibuster when they inevitably get power back? We know overwhelmingly that economics drives elections. It seems like a ticking time bomb.

The obviously linked because they’ve been worked shopped to point to liberal justices overturning conservatives desires as a ‘hoisted on your own petard’ argument.

It doesn’t really go further than that.

They don’t need to remove the filibuster. The GOP “legislates” by confirming judges.

The only other thing they do is tax cuts, which they can also do with 51.

Yup

Have to admit I read the tweet in the worse possible context without really thinking about it any deeper than that. I’m angry as well. I mean it’s still a dog whistle and we are still drawing live to just about any good SC precedent being overturned at this point.

Brown vs BOE gave people rights. It didn’t take rights away. The comparison is a bad one.

Overturning Heller would take away rights from people. That doesn’t make it wrong.

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You’re thinking about this wrong. What matters is not whether or not or how often the Republicans get full control, what matters is the ratio of how often Republicans get full control to how often Democrats get full control. Right now that ratio hinges on getting to 60 seats.

For Democrats, the tipping point state to get to 60 is Texas (R+5)! That means they need both Texas seats and everything less red. In this environment that’s not possible, so the ratio is however often the GOP gets to 60 to zero. Their tipping point state is Michigan (R+1), pretty attainable. Plus the next couple states are way more competitive for them than whatever comes after Texas for Dems.

Anything that gets the Dems on the board is an improvement.

On top of that, if they nuke the filibuster they can protect the vote, end gerrymandering, and give DC and PR statehood - all things that improve their chances of holding a trifecta.

There is, but it’s the exact reason Dems should nuke it: Dems can’t get to 60 and they can. Plus the GOP priorities (tax cuts and judges) only require 50 votes. The GOP has embraced a hyper partisan strategy that polarized the country and made it impossible for Dems to get to 60, leaning into the structural advantages as hard as possible.

Under the current system, current norms, and current partisan environment the Dems have no chance to pass anything other than a reconciliation bill, which does not address most of their priorities. Republicans have a chance to get to 60, and can do their bidding with 50 anyway.

The Dems only hope is to nuke the filibuster, enact voting rights legislation and democracy reform, pass their agenda and hope that it’s popularity and the democracy reform is enough to help them win in the next cycle. This would, in theory, eventually force the GOP to move towards the middle.