“democrats have to win every election forever” is not a sustainable solution and it is quite literally the one we are facing unless we break the power of this court
If you want to turn SCOTUS into a weak House of Lords, that's its own thing. If you want a liberal SCOTUS you elect Dem presidents until Thomas and Alito die.
Optional retirement makes this hard to pull off (you can’t risk losing a single election), so the answer is to make it illegal for justices to ever retire. The Drop Dead On The Bench act
Canada had a mandatory retirement age of 75 for our Supreme Court. Though we did just kick one off for getting drunk at a resort & sexually harassing some women, for which a guy kicked his ass.
And remember, you have to win those elections without ever having anything to show for it or campaign on, because no Democratic president will ever be allowed to enact meaningful laws or policies with this court.
Yeah the 'expand the court by N + 1 extra justices every time a new president is elected' plan is flat out superior.
Not only does it immediately guarantee good rulings half the time, instead of 30 years of inanity, but it's main flaw - you have to keep winning, always - is the same flaw!
Constitution does not include any provision for judges to retire, states they have to serve while having good behavior. Allowing judges to retire is a violation of the letter and sure let's say the spirit of the law.
