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Trump’s Politicized Supreme Court Has Lost Legitimacy. 2021’s Dems, Do Something!

Originally published at http://www.commondreams.org/views/2020/10/30/trumps-politicized-supreme-court-has-lost-legitimacy-2021s-dems-do-something

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Here’s a good rundown of the history of Democratic collusion with Republicans when it comes to placing radical-rightists into the federal judiciary.

There is no hope to be had, from the DNC’s wing of the party of Wall Street and war.



Dems are not coming to the rescue, and they aren’t your savior; they are every bit of an implacable enemy as the Republicans.


Indeed. The only real difference when Dems come to power is that resistance to war and austerity inevitably collapses.


Khanna"s grandfathering “GRADUAL” approach has the potential to shift the balance of power on the SCOTUS within 25 years instead of 50 years. Unfortunately the damage the SCOTUS will do within the next 25 years will be irreparable.

Khanna’s plan works for progressives only if NO grandfathering is allowed.

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Unfortunately, three new Justices won’t be enough. That would allow for tie votes on cases brought before the Supreme Court which would leave the existing law in place. Justice Roberts occasionally decides reasonably but not always. At least four Justices would have to be appointed. But even this would not redress the theft that McConnell perpetrated. I think that Merrick Garland should have been sitting on the Supreme Court for four years affording the liberal justices a 5 to 4 advantage. Likewise the Barrett appointment stole another seat from the liberals. There would have been a 6 to 3 liberal advantage had Merrick Garland and a Biden appointee been rightfully seated. I say Biden should appoint nine new justices for a total of 12 liberal and 6 conservative justices. That would be a fair ratio.

“The notion that removing Trump from the White House is saving American democracy will be mocked if Trump’s justices defy the popular will on health care, reproductive rights, and voting rights for years to come.”

Why will it be such a big deal if the justices defy the popular will on health care? Biden has made clear that he will continue to defy the popular will in many things but most clearly and certainly on health care. Biden’s defying of the popular will is accepted as part of the “democratic” process. The masses have accepted oligarchy rule as democratic. It is much more important to remove Trump than to remove oligarchy rule.


Legitimacy comes from winning by the rules, not by changing them when you lose.


There’s only one problem with your little scenario. Biden and the DNC right wing of the GOP-DNC junta do not want the Supreme Court to move back toward the center. They are perfectly content with a right-wing corporatist court, because a court that stands as a bulwark for right-wing causes 1) is beneficial to their donors (the same donors who bribe the GOP), and 2) helps to cleanse them (the Democratic Party, the fake opposition) of some of the guilt and stench of wrecking the U.S.A.

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Except everyone should remember, it requires an act of Congress to revamp the Supreme Court. Biden can’t just appoint new Justices willy nilly, there has to be a vacancy, and Congress sets the number of SC Justices. For Biden to act, Congress needs to increase the number of Justices (or another plan like 18-year terms).

Which means its all a pipe dream without both a Biden White House and a Democratic Senate in 2021. Which would leave it likely a pipe dream anyway, since a Democratic Senate and a Biden White House will be counted on to approve… at least 2 years of serious study.


A justice who believes the Constitution means what it says is labeled ‘right wing’ by liberals. That pretty much says it all.

The Citizens United decision was horriible but legally correct. It is up to Congress to fix the problem, not SCOTUS. That does leave ‘reductio ad Washington’ - everything is decided by corrupt money.

Almost all US billionaires are Democrats.
Republicans are the new populists after 2016.

I guess the real problem is that rarely if ever does the Constitution actually say what they say it says.

The Court held that the free speech clause of the First Amendment prohibits the government from restricting independent expenditures for political communications by corporations, including nonprofit corporations, labor unions, and other associations.

Where does the Constitution say “corporations, including non-profit corporations, labor unions and other associations” are people?