Democrats Are Still Pretty Upset About The Whole Way This Supreme Court Appointments Thing Works

Democrats love them some Constitution except when it gets in the way of their agenda

Trump Packs the Court His Way

WASHINGTON, DC – Following the US elections on November 3 – although its final resolution may take longer – the partisan arrangements of almost the entire US federal government are subject to change. Only the House of Representatives appears certain to remain in the same party’s hands (the Democrats’). The Republican-dominated Senate could be won by the Democrats. The conservative-leaning Supreme Court is now shifting far to the right, given the Senate’s confirmation of President Donald Trump’s nominee, Amy Coney Barrett, to the seat previously held by the late liberal justice Ruth Bader Ginsburg. (snip)

If Biden defeats Trump – the polls, currently in his favor, are considered more reliable than in 2016, but polls can’t predict voter suppression – his supporters’ celebrations may be short-lived. Controversies about counting votes are already in the courts, which have changed dramatically as a result of Trump and Senate Majority Leader Mitch McConnell appointing an astonishing 220 federal judges. Moreover, Senate Republicans are already plotting how to undermine a Democratic majority.

But the greatest threat to Biden and any progressive government for a long time to come will emanate from the Supreme Court. The approval of Barrett (age 48) has produced, almost certainly, a very conservative 6-3 majority. Chief Justice John Roberts, who has tried to keep the Court from going to extremes, will no longer have the controlling swing vote. The legitimacy of the Court is now in question.

If federal courts, especially the Supreme Court, are standing in the way of enacting the Progressive (nice Fascism) agenda, perhaps the agenda is way out of line with the U.S. Constitution (and most state Constitutions) and the way things are supposed to work in the United States.

But, hey, Progressives have Ideas

Want Nonpartisan Court Reform? Add 4 Liberal Justices.

This week, Republicans cemented their 6-3 Supreme Court majority by confirming a 48-year-old, far-right justice to the bench in flagrant defiance of principles they had preached just four years ago. Such bad faith — combined with the Roberts Court’s hostility to voting rights, labor, economic regulation, and reproductive choice — has brought previously marginal ideas for judicial reform to the center of Democratic politics.

Hey, Republicans could have had the hearings and such and then simply voted down Merrick’s nomination, putting him through the whole process. This ended it.

Moderate Democrats have largely declined to endorse manufacturing a liberal majority through court expansion (a.k.a. “court packing”) should voters give them the opportunity. But Joe Biden has argued that “the court system” is “out of whack” and vowed to empanel a bipartisan commission tasked with producing recommendations for reforming the federal judiciary. The editorial board of (an eponymous publication of the Democratic Party’s biggest donor in recent cycles), meanwhile, argued Tuesday that “the Supreme Court needs reform” and expressed particular fondness for the following proposal: (snip through the 18 year term limits and then some yammering about a “party neutral court”, and we know what that actually means)

What’s more, theoretically, the nonpartisan approach could accomplish these things in a more durable way: If Democrats simply use their trifecta to engineer a liberal majority, there is no doubt the GOP will respond in kind the next time they secure unified federal power. By contrast, if Democrats implement a nonpartisan reform plan that’s plainly aimed at strengthening the Court’s legitimacy and independence from partisan politics, it’s at least possible that Republicans will have greater difficulty restoring a conservative majority as soon as they get the chance. To be sure, conservative media will ensure that the bulk of Republicans regard the formation of a “balanced court” as the death of the American Republic. And most GOP officeholders will be eager to avenge the “theft” of their 6-3 majority. But the mainstream media is likely to cover nonpartisan court reform much more positively than court packing.

In other words, this is repackaged court packing, putting it in a way that seems more palatable. Not that the Credentialed Media wouldn’t spin for the Dems in the first place

By adding four liberal justices to the Court shortly after taking power, a unified Democratic government would create the preconditions for a bipartisan settlement on the judiciary. Biden could specifically handpick justices who have publicly expressed their support for 18-year term limits or a “balanced court.” And if he wished to signal that court packing isn’t his goal but merely an expedient, Biden could have such justices publicly promise to resign upon the passage of nonpartisan reform. Regardless, the point is this: By manufacturing a 7-6 liberal majority, Biden could simultaneously guard against the threat of nonpartisan reform being struck down and potentially put Republicans in a position where they would be willing to negotiate. The latter is far from certain. In the immediate aftermath of court expansion, Republican obstructionism would doubtless hit a fever pitch. But after a year or two of a liberal majority dealing the Federalist Society major losses, the GOP might come crawling back to the table.

We’re sorry that so few Justices have died during Democratic Party presidencies, but, this is all just Excuse Making for packing the Court in order to get your way. They would have to pass legislation to do this, and it did not go well when FDR was president, and it won’t go well now. This is not “nonpartisan”, it’s strictly partisan. What do liberals do if things change and suddenly a Republican president is able to appoint more Conservatives to the court, changing the balance? The idea here, though, is to get the Progressive agenda enacted fast, with the Supreme Court siding with it in opposition to the Constitution.

Trump is the greatest president in the modern era when it comes to shaping the judiciary

With the Senate’s confirmation of Amy Coney Barrett to the Supreme Court, President Trump has cemented his legacy as the most important president in the modern era when it comes to shaping the judiciary. Whatever happens on Election Day, that legacy will remain — and it validates the votes of every conservative who, despite other misgivings, decided to support him. (snip)

That doesn’t mean they won’t try. Voters have a chance to stop them by preserving a Republican majority in the Senate. If history is our guide, Trump may have more Supreme Court appointments in a second term — and with them the opportunity to further preserve or even expand the court’s conservative majority. As for the 26 percent of Trump voters who backed him because of the Supreme Court, their decision has produced a court that will protect our freedoms for decades to come. Any other flaws in the Trump presidency pale by comparison.

And there it is: the Court should be the final arbiters of the Constitution and our Freedoms. A far left Court will be about eroding those Freedoms, with some help from John Roberts. That Progressive agenda is about government control of your life. How people have bought into actively asking government to take their money, freedom, liberty, and choice is beyond me, but, they have.

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14 Responses to “Democrats Are Still Pretty Upset About The Whole Way This Supreme Court Appointments Thing Works”

  1. alanstorm says:

    “Want Nonpartisan Court Reform? Add 4 Liberal Justices.”

    Did someone really write that seriously? I’m aware that liberals tend to be morons, but I suppose it’s nice that they keep proving it.

  2. Dana says:

    The Democrats and the media — please pardon the redundancy — waxed wroth when Senate Majority Leader Mitch McConnell (R-KY), for whom I have already cast my vote in support of his re-election, decided not to give liberal Judge Merrick Garland a vote to replace the late conservative Justice Antonin Scalia. The Democrats and the media — again, please pardon the redundancy — had absolutely no problem with Barack Hussein Obama changing a 5 to 4 conservative balance on the Court to a 5 to 4 liberal balance, but, for President Trump to replace a far-left flaming liberal, with a conservative, a Catholic conservative, why that merits revolution in the streets.

    My hope is that President Trump is re-elected and the Senate stays under Republican control, so that Associate Justice Clarence Thomas can resign and be replaced with another conservative, one in his forties, and that, for whatever reason, liberal Justice Steven Breyer, currently 82 years old, leaves the Court, enabling Mr Trump to replace him with a much younger conservative.

    It should be noted that Justice William O Douglas was confirmed when he was just 40 years old, so that’s obviously not too young for a Supreme Court Justice.

    • formwiz says:

      Don’t forget the Wise Latina.

      She’s 66 (not that old, really), but she’s a type 1 diabetic and obviously non-compliant.

  3. formwiz says:

    Remember Borking? Remember Anita?

    The Demos made this mess. Let them eat cheese with all this whine.

  4. Elwood P. Dowd says:

    The Putin twins (Don and Mitch) packed the Supreme Court and the other federal courts. This has allowed the “unfit to serve” trump to garner at least lukewarm support from the GOP.

    GOPhers are counting on the Dems abiding by norms but they’ll learn their lesson with the new 13 member Supreme Court.

    • drowningpuppies says:

      Bobulinski ain’t going away.


    • formwiz says:

      And for 80 years, the Kremlin Gang packed the courts.

      This has allowed the “unfit to serve” Trump to garner at least lukewarm support from the GOP.

      33% GDP, the Wall, peace in the Middle East, record employment for blacks and Hispanics, and exposure of just how corrupt the Demos really are certainly helped.

      GOPhers are counting on the Dems abiding by norms

      When is this supposed to happen? The Demos have broken the rules are far back as living memory, but now they get a taste of their own medicine.

      As I said, want some cheese with all this whine?

      they’ll learn their lesson with the new 13 member Supreme Court

      Cruz, Cameron, Cotton, and Lagoa will make fine additions, along with replacements for Breyer, Thomas, and the Wise Latina.

      Actually, the last time you tried this stunt, it flopped. You’d think you’d learn.

      but they’ll learn their lesson with the new 13 member Supreme Court.

  5. formwiz says:

    Notice how it always comes back to threats with this crowd?

  6. formwiz says:

    I figured Gropin’ Joe not being allowed to call a lid on the campaign for the rest of the election (2 appearances) was because some party bigwigs wanted the standard bearer (insert punchline) to show up for the sake of the people downticket.

    Now I think they’ll be the ones calling a lid.

    Hunter’s PornHub account is open.

    As they say in Old Peking, Ho Lee Phuc. Now we know where the kid got it.

  7. Elwood P. Dowd says:

    We were told by commenters and the Gateway Pudendum (who heard from some right-wing operative) that VP Biden had stopped campaigning last week.

    The GOPhers should impeach Hunter Biden!

    Didn’t Donnie Jr cheat on his wife? Momma Ivan said it wasn’t surprising since Donnie Sr (Rapin’ Don) was such as cheating man-whore.

    • formwiz says:

      We were told by commenters and the Gateway Pudendum (who heard from some right-wing operative) that VP Biden had stopped campaigning last week.

      They heard it from the press flacks covering Super Predator Joe.

      He has stopped campaigning. 1 appearance in GA Tuesday and one in FL today in front of what, 20 people each. And still he runs from reporters. If they could keep him home, they would. Talk about your October Surprises! The Demos may not survive this one.

      Trump is doing 3 rallies a day! Every day! Where’s Chlamydia?

      The GOPhers should impeach Hunter Biden!

      Using him to destroy Pops is just fine.

      Didn’t Donnie Jr cheat on his wife? Momma Ivan said it wasn’t surprising since Donnie Sr (Rapin’ Don) was such as cheating man-whore.

      He did? She did? We know Hunter banged his brother’s wife then cheated on her. We know Gropin’ Joe was a cheating man-whore.

      I understand why you make all these allegations, but the more you shoot off your mouth, the more about that wonderful Democrat ticket seems to come out.

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