It will take generations to replace the current court — and that’s assuming no bad actor ever gets elected.
I also don’t believe Biden or his successors will have the political fortitude to expand the court.
Nor do I believe a constitutional amendment is possible.
So the bench (and appellate bench) should take a cue from the defense bar’s playbook and beg for judicial nullification in the meantime.
SCOTUS’s power has no effect if the rest of the judicial branch says ninny-ninny-ninny.
Related thought: political enemies should stay out of the 5th Circuit!
