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A renegade Supreme Court cannot defy public opinion forever.

A renegade Supreme Court cannot defy public opinion forever. | Oh, SCOTUS. By the time we're done with you, "court packing" is going to seem quaint. | image tagged in laughs in fdr,scotus,supreme court,historical meme,fdr,democratic party | made w/ Imgflip meme maker
113 views 8 upvotes Made by Slobama 2 years ago in politicsTOO
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2 ups, 2y
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It's insane that after all Trump did to burn down our government, his 3 cringey lifetime SCOTUS appointees will get to stay and influence core matters of state for the next several decades.

What can be done?

1. The only formal mechanism to remove them would be impeachment, which the Republican Party has shown zero interest in - naturally, as they're delivering exactly the results the GOP wants. Heck, the GOP wouldn't even impeach *Trump himself*, immediately after Jan. 6, and he had blood on his hands.

2. Another remedy that's been discussed, but also has no chance of passing in the current political environment, is "packing the court" by adding more justices (FDR's threat) or by reforming SCOTUS in some other way. 18-year term limits, for instance, would bring regularity, predictability, and democratic responsiveness to the changing out of these hugely consequential roles.

We're still not out of options, though. Consider these guerrilla tactics:

3a. Federal retaliation against states that are hell-bent on undermining women's rights. Defunding revenue sources, cancelling projects, relocating field offices to friendlier states - those sorts of things.

3b. Blue states pursuing "nullification," i.e. passing laws that directly contravene SCOTUS decisions, and continue doing business as usual when they're inevitably stricken down. New York may already be doing some version of this on gun control. SCOTUS has no real authority, other than persuasive authority, to enforce its own decisions. To the extent their decisions reflect Republican insanity, the Biden Administration won't do it for them.

3c. "Unpacking the court." Taking a chisel to SCOTUS's authority. Congress stripping SCOTUS of appellate jurisdiction to hear certain cases, which the Constitution explicitly allows Congress to do. As President, Biden could use his bully pulpit to state that this SCOTUS has gone renegade as a result of the 3 Trump appointees. That as far as the Biden Administration is concerned, their votes don't count - Roe v. Wade is still good law, and the Dobbs decision has no legal effect.

If Biden had a bit more of a progressive backbone, he could have done so. Instead, he pretty much wrung his hands in response to Dobbs and did nothing other than implore Democrats to keep voting. But if this right-wing SCOTUS continues on its warpath, then a future high-stakes confrontation with a more progressive Democratic President over some issue or another is inevitable.
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Oh, SCOTUS. By the time we're done with you, "court packing" is going to seem quaint.