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I think there is basically consensus now among elected Dems that court reform is necessary, if there wasn't before.
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a moderately sized win in this election will likely be sufficient to do it.
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Dems taking the trifecta seems like enough. Plus one timely passing among Thomas, Alito, or roberts.
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if Dems take the trifecta I think that's enough now, full stop
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do you know if any insider-ish type has put out something about what the likely reform would be? The options, from packing to jurisdiction stripping etc. have a pretty wide range of impact and norm breaking
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Adding a justice for each circuit+adding a circuit or two is something that I think dems could pitch as serving a functional purpose as well as shifting the balance of the court
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I’ve long thought this was the sensible approach. Rs and NYT will howl, but it won’t feel like overreach to the vast majority of D voters. Especially now.
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no and I doubt we'll get that level of detail ahead of an opportunity to do it
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I don’t know that we *should* really. They should run on countering the corrupt court and then hash out what’s the maximum they can get out of the legislature once they’re there.
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Durbin’s ethics code will be part of it, but likely not the end of it.
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If one of them dies, the Court may reform itself; if two of them do, it definitely will. But frankly the system is out of whack and you should pursue it anyway.
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Phew. I was worried it was going to be a big lift.
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Though I think my point is that there’s a plausible path to doing so (Ie don’t give up hope)
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Am I naive in thinking this ruling could be a huge boost to Democrats electorally in this cycle?
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snap poll had it as a 70/30 against, "Presidents are not Kings" is a snappy motto, yeah it can be an electoral boon imo. just gotta hammer it
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Between this and Dobbs, the story of this era may wind up being "they lit the match too soon"
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Yeah I mean I could imagine a hypothetical in which Trump loses this election *because* of this ruling whereas he otherwise wouldn’t have. We’ll never know, but it’s interesting to think about, especially if it’s real close.
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Some pac should be running spots listing all his crimes from the first term, and saying imagine what he would do knowing he is above the law.
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also if superman came down and took over that would be cool
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You joke but a whole bunch of fuckers wanna be ruled like that. Benevolent dictator who shares their views is their ideal government.
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yeah but my joke was based more on probabilities
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my only worry is if they win and suddenly Trump will seem far away again and court remote will suddenly not seem urgent to a couple of vulnerable senators
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well, that's certainly not my *only* worry
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it's possible but the Dems who are up in 2026 who are in some danger are pretty stalwart
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Smith was already calling for court expansion yesterday and today she’s doubling down.
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Let's say you wave the magic wand and get court reform, get a reasonable USSC, etc., etc. One thing I haven't seen answered is, what then? It stops the bleeding, but how do all these horrible rulings get reversed? Does it take a decade of bad law to slowly get reviews by the USSC?
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How do you scope out the “art of the possible” in these scenarios? I agree there’s definitely no one interested in another toothless commission/review like there was early on in this admin. That always struck me as weird and shortsighted.
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that's what congressional leadership does
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Fair enough, and I assume it’s also foolhardy to game out the art of the possible when *who knows* what garbage is still coming down the pipe before November.
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I'm not quite this optimistic - I think there is still a lot of inertia from older heads and reluctance from center-right factions of the party (Gottheimer, etc) - but even if it's not now, I think it's soon, and it's inevitable.
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SCOTUS has long benefitted from a veneer of bipartisanship, and that's been burnt to the ground now.
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theyre gonna need to convince people their idea of reform isnt just "this is bad send money" for another 4 years
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I'm just hoping that Joe is being deliberate and slow about coming around to it rather than resisting it
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I am confident Biden would be on board now
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I do suspect we’d need to suggest the most extreme restructuring option possible to get him to where we-the-left want him to be but that has been true of Biden basically his entire career.
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"move every federalist society judge to a newly created federal circuit on little Diomede island alaska"
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Send them to wherever Julian Assange just pleaded out
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Using executive actions that begin with the phrase "In my official capacity as President of the United States," of course.
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I like it. How about "declare the federalist society a hate group and make membership a lifetime ban from practicing law in any form"?
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He will move to the consensus middle so keep pushing!
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Empanel 7 random Article III judges to grant cert to a different random panel of Article III judges to decide.
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I’m only sort of kidding! A true court reform would reduce the salience of the supreme court, not by hoping for better judges but by changing the systemic incentives.
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I don’t think he’s the mover here, and I think whatever Congress manages to get passed, he’s gonna sign.
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Absolutely valid, I was speaking to getting Biden on-side with the idea, not how you get it enacted. For Congress I think the same pressure applies -- get them to see that the reasonable middle ground *is* expansion and scaling back some of their unwritten powers.
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We may be in Edith Wilson territory...
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i mean, maybe?? one of biden's first acts as president was establishing a commission that issued a finding recommending against any judicial reforms and admonishing against taking actions that might diminish the public's perception of the courts' legitimacy