Sunday, January 28, 2024

Expand the Court

If the Democratic party were ever to pick up one of my suggestions and run with it, please let it be this one!  This is a reposting of a thread I originally posted on Bluesky.

Today, I'm going to show you something that you rarely see on social media: Someone admitting they were wrong.

Last week on Bluesky, @lolgop.bsky.social said that Biden should campaign on expanding the court, and I disagreed. But I was wrong. He should 100% campaign on expanding the court.

Name almost any issue with broad support. The conservative bloc on SCOTUS is the reason why it can't get implemented. Reproductive rights? Obviously not going to happen with this SCOTUS. We need to pass pro-choice legislation anyway, but that's not enough. And it's not just reproductive rights!

Legal folks can point out other issues better than I can, but just for a start --- There's the EPA. SCOTUS won't let it protect the environment.

Affirmative action? Not for you! And of course, it's fair to say that this court, like America generally, gives deference to White men over women and people of color.

This SCOTUS not only wants to decide what the EPA does, but OSHA as well. And not surprisingly, it wants to uphold the anti-science, anti-public health, anti-vaxx position held by the fascists.

As long as SCOTUS is deciding all public policy for the federal government, why not block Biden from fulfilling his campaign promise to forgive student loan debt (to Biden's credit, he has found creative ways around this adverse ruling)?

Mind you --- IANAL, but it's my understanding that when blocking administrative actions of the EPA, OSHA and student debt relief, the court is unconstitutionally overruling the black & white letter of the law.

And that's not the only way SCOTUS is exceeding its authority! It's hearing cases and handing down rulings to litigants who have no standing! SCOTUS is literally cherry-picking meritless cases, just so it can make policy!

And if cherry-picking cases isn't enough to get the rulings the fascists want, well hey --- they'll just lie about the facts of the case, like they did in Washington State to justify erasing the line between church and state.

Not satisfied with overruling executive agencies one at a time, SCOTUS is on the verge of simply declaring it has authority to approve or reject the actions of ALL executive agencies (this ruling hasn't happened yet, but is likely to).

Fixing gerrymandering? SCOTUS has ruled that only racially-based gerrymandering is bad. If one party has set up a gerrymander based not on race, but only on the goal of constructing a permanent legislative supermajority, SCOTUS has ruled that's okay.

To summarize: SCOTUS is locking America in to the fascist-approved position on:

  • Reproductive rights
  • The environment

  • Worker safety

  • Affirmative action

  • Gerrymandering

And is on the verge of making all executive agency actions under its review. And there's almost certainly more I'm missing!

Like gun safety, for example! How have I not mentioned gun safety?!?

On top of this, add the outright corruption of the many of the court's conservative members.

All of this tees up SCOTUS as the perfect entity for Biden to campaign against. Want reproductive rights? Give me a Democratic House and Senate, and we'll deliver reproductive rights by expanding the court! Want (thing X)? Help me expand the court!

Right now, expanding the court isn't a winning campaign argument, because practically no voters even understand what that means. But if Biden and the Democrats educate them, I think 'Expand the Court' can not only be a winning message, but it can develop a MANDATE for real change!

EXPAND THE COURT!