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
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
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.
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.
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.
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.
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
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?
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.
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.
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.
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.
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.
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.
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