Rather than any legitimate interpretation of constitutional law, all of the outcomes you can expect from the Supreme Court will now be solely based on how the decision will affect Republicans getting elected. It’s disturbing, because as I read and watch media figures discuss Biden’s lead, they bring up the Republican's lock on the judiciary as if overturning votes is just established precedent now. The federal courts, and especially the Supreme Court, have essentially been turned into an arm of the GOP. For the sake of the rule of law and its integrity, Democrats cannot allow this to stand.
This disaster was in the making for many years before Mitch McConnell made up a rule in order to prevent the first African American president from appointing a Supreme Court nominee in the final year of his two-term presidency. McConnell blocked every single judicial appointment for the two years he had control of the Senate. This allowed him to turn 200 right-wing ideologues into federal judges during Donald Trump’s only presidential term. Trump named one-quarter of the appointments to the federal bench, including 53 Appellate Court appointees and now, a whopping three Supreme Court Justices.
Besides many of these appointees being rated “unqualified” by the American Bar Association, some picks were outright bizarre. Even Republican senators, like John Cornyn and John Kennedy, expressed Susan Collins-like concern. (Didn’t stop them from voting to confirm, though.) Yet Democrats, assuming they have the spine the American people are demanding, can use several mechanisms available to rebalance the courts this upcoming January. The next two years will likely be our only window. There has been a lot of talk about expanding the courts, which we should absolutely do in order to negate McConnell’s illegitimate court packing scheme. But there are other options to consider.
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