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Serious question, asking not just for myself: Who out there is actually doing serious work on how other branches of govt, states, or the public more broadly can resist SCOTUS arrogation? I think Keith Whittington has written some stuff, right? But who else? Must be some who have?
It's also a bit breathtaking to see the sheer amount of power the Republican judiciary has arrogated to itself this term, all without a single act of Congress
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Please repost this one far and wide. Like I said, I'm asking this for reasons that go beyond just my own academic interest (I don't have time for this one, trying to prove reform DAs aren't pro-criminal takes all my time), and would really love some names. Thanks!
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A quick overview: Congress, power of the purse, jurisdiction stripping, docket control, expansion. A key strategy now is public education and pressure. So: Senate and House committees with public hearings on the Court. Biden using his platform to discuss the courts too. 2/3
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And my favorite soft power move: get them out of the Court building. bsky.app/profile/mark...
Move the Supreme Court back to their small old room in the basement of the Capitol, and give the SCOTUS building to DC Public Schools. (the first step in curbing the court is changing the way the public views them, and also the way they view themselves.)
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I also agree that it’s a huge problem that the court uses its discretion not just to pick cases but to pick issues to decide. Than can be limited too bsky.app/profile/jbou...
most discussions of court reform focus on the high level stuff — size of the court, extent of its jurisdiction — but i think the low level stuff like the extent of the court's discretion in choosing and deciding cases is just as important.
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I've always been partial to the power of the purse solution - using the appropriations process is a choke point that's not so easy to get around.
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Democracy Forward is coordinating some planning on this with a lot of NGOs.