The political nature of the Supreme Court is telling us that the time has come for the Democrats in the Senate to pack the court with justices who are committed to the rule of law. Impeachment and removal of corrupt and incompetent justices like Clarence Thomas, Brett Kavanaugh and Neal Gorsuch is the best way to go, but with the sharp partisan wall that now exists in Congress, getting a two thirds majority would require Republicans voting with integrity instead of by their politically driven opinion, and there aren't enough Republicans with integrity left, if any at all, for that to happen.
So, packing the court with more justices, by amending the Judiciary act, is the only recourse.
Democrats Must Have the Political Stamina and Strength
It may take some pressure from constituents to get it done, and it will take some boldness on the part of Senate Democrats but it must happen. To get the act amended will take using the very narrow senate majority to break the filibuster and then to appoint the judges who will change the course of the court. It must be done. Where the weak links are located, and we pretty much know who those people are, pressure needs to be applied to make sure they get on board and vote with the rest of the Democratic party.
Everyone in Congress clearly has a price. Find out what it is for those who are needed to move this forward and make it happen. This is one of those times when the President and the Vice-President can use their bully pulpit and make something happen. I don't know that they will, both have been in the Senate and both seem reluctant to change its outdated way of doing business. But those old majority plus rules are just a disadvantage for Democrats now. Republicans, if they were in charge and wanted this, would do it in a heartbeat. So why not?
This is also a place where the President can make some strides in gaining support among progressives in his own party. There's not a better way to ensure progressive influence for a generation to come than to nominate judges for the federal bench committed to that particular perspective.
Can It Be Done?
Yes.
The Senate must break the filibuster first, which will allow for majority votes to pass legislation, not two thirds. Then, it must amend the Judiciary Act to increase the number of seats provided for on the court. Once the filibuster is broken, it only needs a majority vote to do so. This means that Sinema or Manchin must be convinced to get on board, so that the VP can cast the deciding vote.
Once amended, the President can appoint judges to fill the vacant seats. We hope those would be liberal, left leaning, progressive and young. The Supreme Court cannot stop the process.
The key is for Democrats to gain, and keep a majority in both houses of Congress in order to keep a future Republican congress from doing the same thing. So the other question that must be asked is whether the risk is worth it. And whether the current Democratic leadership, including President Biden, is willing to see this move forward and push it.
Is It Worth the Risk Taken to do This?
The only requirement, after the legislation is amended, is for the President to make the appointments, at least, that's all the Constitution requires. The hearings in Congress are just to campaign for their vote. But if we know the outcome of this in advance, we can dispense with the debate and move right on to the appointment. We need enough judges to over-ride a conservative majority and neutralize their shenanigans, ruling on the law instead of with political bias. They need to be young enough to be around for a while. And they need to have a record indicating that they are willing to make bold rulings that benefit the American people over narrow, self-interests.
The risk is that down the road, inevitably, there will be another President who wants to buttress his political perspective with the court's power, so another political court made up of a majority of Republicans could come along. And the fact that taking this risk is now part of the discussion may be an indication that public opinion is beginning to think the Supreme Court cannot be reformed and cannot ever again be an objective body. On the other hand, this could be a dash through the flames, something necessary to stop a fascist oligarchy from taking hold, and once the country comes back to its senses, it won't be necessary.
Will we ever come back to our senses? You tell me.
In a legal system, justice system and government that is committed to cumbersome procedures which make it difficult to do anything quickly, this can be done fast enough to stop the current chaos and confusion of the Roberts court, and save the rule of law before this court destroys it. With the vote of Vice-President Harris there if necessary, this could be done in a matter of a month or so. Whether it will be, or whether it would even be considered, is uncertain. I'm just adding this voice to those who are now calling for it to happen.
Visionary leadership requires taking bold, courageous steps to make things happen which sometimes result in saving the country from disaster. And this is one of those steps.
If the three Trump appointees were really interested in preserving the court's integrity, and in enforcing the rule of law, they would have recused themselves from this case. The fact that they haven't completely discredits them as attorneys and judges.
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