If Democrats win the presidency and a senate majority next week they will have a window of opportunity not just to legislate Democratic policy priorities but far more importantly to reopen the clogged channels of democratic process and action. That requires expanding the Court with at least four new Justices as well as expanding the federal judiciary as a whole – quite apart from composition the federal judiciary simply has too few judges at present.. It requires ending the Senate filibuster. It means adding Washington DC and Puerto Rico as new states of the Union. It means a lot else too. You can mix and match specific approaches. But nothing is possible without unclogging the arteries of democracy itself. Without an expanded Court we will see years and decades into the future in which the Court manufactures increasingly ornate and absurd ‘originalist’ reasonings that find quite disinterestedly that basically all Democratic policy initiatives are barred by the federal Constitution.
Republicans have a motto. Elections have consequences – when Republicans win them. Power for me, norms for thee. With power comes responsibility. Our democratic order is endangered not only by Trumpism but by the deeper Republican corruption which both created it and sustained it in power. The danger we face is not that we will lose some incremental access to health care or see the pace of climate action further slowed. It is that we will see the right of electoral majorities to make these decisions at all come to an end. If Democrats were to get the power to begin the process of reseting and entrenching the democratic order and fail to do so it would be a grand failure and indeed a betrayal.
See the Corrupt Court for What It Is | Talking Points Memo: