Originally published at http://www.commondreams.org/views/2019/09/03/if-ruth-bader-ginsburg-cant-hold
We’ll need President Bernie to pack the courts, but not quite as FDR tried to do. The SCOTUS hears only about 2% of the appeals made to it each year, so the next lower courts, the Courts of Appeals, usually have the last word on issues, and packing those courts would severely limit the damage that the Republican SCOTUS could do in the future. Acting at that level would also be less controversial. Packing the SCOTUS would still be necessary, but acting first at the appeals court level would buy some time to build a case for changing the SCOTUS, to present the case to the voters, and to get more progressives into Congress.
The biggest obstacles will be Schumer and Pelosi, as usual.
Die, you old bat!