i think the best way to understand the supreme court's conduct in trump v. united states is as an explicit effort to intervene in the 2024 election on behalf of the former president. it is a gross abuse of power on par with dred scott and deserves to be met with sanction from the elected branches.
even if we avoid the worst consequences of this decision — which, as rick says, involve trump getting elected and then pardoning himself for his attempted coup (and likely trying again) — the court's actions should be seen as grounds for dramatic action to curb its power
From Bush v Gore to Citizens United to Shelby, the Republican Court keeps emphasizing how little regard they have for voters. To be fair, if I was an unelected emperor-king with a lifetime appointment, I’d also be dismissive of democracy.
I don’t know you but I would hope you think better of yourself. After all, there are three justices on there who aren’t corrupt. If I were a Justice with a lifetime appointment I would be like them, no question, despite all the other faults I may have.
It isn't just an effort to benefit Trump, it is an effort to maximize the Court's power. "The president has as much immunity as we say he does, no more and no less" is a huge assertion of raw power. Some of the justices want a dictator... as long as they think they hold the leash.
It’s certainly fascinating watching them try to write a ruling that says “the last President should have absolute power to try to have his VP and half of Congress murdered in a coup, but the current one can’t just sack us all and get some competent constitutionalists in.”
The best case scenario is that the Democrats expand SCOTUS to 13 members, to match the number of circuit courts (the way previous Congress expanded SCOTUS from six seats to nine seats last time). SCOTUS will rule this unconstitutional by a ruling of 6 to 3.
But who gets that power instead? It's the executive branch who engaged in the abuses of power (and who appointed the morally corrupt justices), and the legislative branch equally refused their chance to hold Trump accountable, despite being the direct target of the violent mob he incited.
Actually I would argue that agreement fully with Trump is a better outcome than this. At least then Biden could yolo for an off chance of preserving our democracy
He should, 4 years of authoritarianism including reshaping the court with members who will reign in his power and then retire after 4 years in Bermuda. I'm not saying it's a good outcome, just a less bad one!. Also Biden would never do this unfortunetly
Biden should pack the Court immediately. He could cite
- his duty to restore order after a coup attempt (whose perpetrators SCOTUS is now giving aid and comfort)
- the wiggle room SCOTUS is leaving on "presidential immunity" (irony bonus)
He should appoint 4 new justices and let the chips fall.
