I think I’m too dumb to understand the court packing thing.
So the theory is, the Dems get a majority in the Senate, and then vote to eliminate the filibuster.
I’m guessing in this scenario they must control the House and Presidency too, then pass legislation to expand the Supreme Court to 13 seats. President Biden nominates 4 new liberal justices, and they get confirmed.
Do I have that right?
If that’s the case, then the next time the Republicans control H+S+P, they pass legislation to increase the number of justices to 21, and rinse and repeat forever until there are hundreds of justices?
This is exactly correct. That said, it’s unlikely for the GOP, in its current insane form, to sweep all three (especially the House), particularly given demographic trends. Also Democrats absolutely must do whatever they can, the stakes are just too high. A 6-3 Court will strike down literally any meaningful democratic legislation.
Seems risky. Guess I’m not sure how often one party controls everything but this would certainly be an escalation. Not saying they shouldn’t do it or that the Republicans don’t deserve it.
Why stop there though? Could they pass some more pointed legislation that bans Republicans from holding office? Create 100 new states? Is there any limit other than just not things that are explicitly in this Constitution?
You know what was risky? Refusing to hold a hearing on Garland, refusing to consider evidence of impeachment, trying to rig the census, not doing anything about Covid. That’s risky.
Another consideration is that the Democrats will have trouble retaining power if they can’t get anything done, and they can’t get anything done if the court blocks all their legislation.
Of course there is a massive risk of blowback but there is really no choice under these circumstances.
All this presupposes a democratic sweep. Shame on me for even engaging in this speculation as it’s obviously irrelevant unless we win.
All I ever see are risks and dangerous scenarios, that’s my job and that’s the job of a lot of people. However, there comes a time when the stakes are too high and you have to stop being General McClelland and start being Grant (or tbf Trump).
Trump has let his freak flag fly since the day of inauguration, with his “fuck you, I’m Trump and I won 90% of the vote.” It’s insane, but he’s luckboxed some wins and he may ultimately get crushed, but it’s time for the dems to stop worrying about precedent or consequences.
Ok, well then why wouldn’t the Republicans just reduce the size of the court to 1 and appoint Stephen Miller? Or change the size to 10,000 and appoint 9987 Stephen Miller clones? That wouldn’t be less partisan.
You can call it chickenshit, but I think it’s wise to consider your worst case scenarios.
For one, the bill would have to pass both houses. But whatever, let them, I’m tired of fighting shadows. Most of their supporters will be dead and the parties will have realigned by then.
WE DO NOT LIVE IN A STATIC WORLD. CONTEXT WILL CHANGE.
The good news is that creative thinking plus the free market could mitigate some of the awfulness. Take Amazon for example. As much as they suck their workplace culture is extremely progressive.
Humans adapt to what the majority does despite their idealism.
I honestly would snap call Biden as president for Barrett.
Well, I reckon we would find something worse if the Republicans controlled all 3 levers of power. And that might be the best argument for this sort of radical re-jiggering of things - that they’d do that times a million if they had the first chance.
I guess that whole concept makes me feel uncomfortable - laws swinging wildly back and forth as power ebbs and flows. Day one of any new administration is to undo everything that the enemy did. I suppose this is where we are resigned to be, but I guess ol’ bleeding heart me wishes it were different.