Joe Biden worries that the “extreme” US supreme court, dominated by rightwing justices, cannot be relied upon to uphold the rule of law.
“I worry,” the president told ProPublica in interview published on Sunday. “Because I know that if the other team, the Maga Republicans, win, they don’t want to uphold the rule of law.”
“Maga” is shorthand for “Make America great again”, Donald Trump’s campaign slogan. Trump faces 91 criminal charges and assorted civil threats but nonetheless dominates Republican polling for the nomination to face Biden in a presidential rematch next year.
In four years in the White House, Trump nominated and saw installed three conservative justices, tilting the court 6-3 to the right. That court has delivered significant victories for conservatives, including the removal of the right to abortion and major rulings on gun control, affirmative action and other issues.
The new court term, which starts on Tuesday, could see further such rulings on matters including government environmental and financial regulation.
It was not a great move by roosevelt either.
And yet after it the votes changed and they allowed the New Deal. Courts become less extreme when their comfortable power is threatened.
What’s your solution to a corrupt court throwing away precedent and making law from the bench? Just pat Mitch McConnel on the back and say “shucks, you got us Mitch, guess we’ll just live the rest of our lives under conservative rule”? Because waiting for 67 Democratic senators or multiple conservative justices dying under Democratic rule isn’t likely to happen.
Adding more justices may instigate a tit-for-tat, but it’s no worse than just accepting that they get to make law for the rest of your life, and the credible threat of doing it (or the actual practice) is likely to lead to real functional reform.
I don’t believe the courts “allowed” the new deal because of the court packing idea. The court by its nature can’t change votes whatever you meant by that. I have no solution except impeachment and indictment which I would truly love to see. Taking bribes like that should never be acceptable.
I have no solution except impeachment and indictment
You get that this is functionally no solution at all, right? Even in Obama’s first term there were only 60 Democratic-caucusing senators and a few of those were unreliable DINOs. 67 is a fairy tale. It’s only marginally more likely than just hoping they get raptured.
And if that’s the case, which do you prefer:
- Living the rest of your life under a conservative court making up law as it goes.
- Legally changing the size of the court as has been done before, but in the process breaking precious norms.
See the thing is you talk like changing the size of the court is realistically gonna happen any more than impeachment. Its still requires majorities which are not there. So its like your arguing that we don’t have the number for what I said but we should go for the thing where we still don’t have the numbers but its closer. Its not horseshoes or handgrenades.