
Josh Marshal discusses the necessity of Supreme Court reform:
I’ve become something of a broken record on this. But repetition sometimes serves a critical purpose. Supreme Court reform is now the sine qua non of any reformist program in the United States, any program to re-implant/re-secure civic democracy in the United States. Filibuster reform, abolition of the filibuster, is comparably important. In fact, the two are interwoven with each other in such a way as to be almost indistinguishably joined together.
But a lot of people know the filibuster has to go. Reforming the Supreme Court, which involves one of several ways of breaking the power of the six corrupt Republican appointees, is a much harder lift. It’s not a harder lift in voting terms. It can be done by passing an ordinary law (once you’ve done away with the filibuster) and having a president to sign it. But for many in the political class, for many elected officials, it remains unthinkable. On the plus side, Democratic voters and opinion leaders have some time to lay the groundwork. The soonest anything can happen is January 2029. (You need Congress and the White House.) But there’s a huge amount of work to do. Because my sense is that Democratic officeholders, party elites, aren’t even close to being there. And there’s really no future without it.
After reviewing the arguments yesterday (and observing everything they’ve done in the last year) it’s clear that the Court is nothing more than an undemocratic, partisan faction in the U.S. political system. There may be a few instances where they push back on behalf of their wealthy patrons or reward some discrete conservative group that one of their wives is involved with that may not fully comport with Trump and MAGA but for the most part they are just part of the GOP political apparatus. They don’t even adhere to their own ideology anymore. It’s pretty much just serving Trump and his corruption and criminality. They are so beset by Fox News Brain Rot that they believe that drag queens are a bigger threat than authoritarianism and flagrant graft and cronyism.
We shouldn’t be surprised. most of the conservatives were political operatives in one way or another before they got on the court. The others are all corrupt themselves.
Marshall has written quite a bit about this reform agenda and here’s what he wrote recently about the Supremes:
Supreme Court reform. I said above that some of the decisions are hard. They cut against a lot of what we were taught about political life. This is one of them. It’s only in the last three or four years that I’ve come around to the necessity of it and it’s still sometimes hard to get my head around. But it is essential. With the filibuster in place, no broader anti-authoritarian reform, no retrofitting the house is possible. It’s the same with the Supreme Court. The current Republican majority is thoroughly corrupt and has hijacked the Constitution. They have cut free not only from precedent but from any consistent or coherent theory of the Constitution, no matter how wrongheaded. The purpose of the high court is not to run the country. It is to render decisions on points of constitutional and legal ambiguity in a good faith and broadly consistent manner. It is now engaged in purely outcome-driven reasoning, mixing and matching doctrines and modes of jurisprudence depending on the desired ends, with the aim of furthering autocratic and Republican rule. That is the heart of the corruption. Passing laws doesn’t matter if they can and will be discarded simply because six lifetime appointees don’t like them. That’s a perversion of the constitutional order. I know this one is hard to swallow for many people. It doesn’t come easily to me either. But the facts of the situation and fidelity to the Constitution require it. I’m not going to get into the specific kind of reform here. There are various ways to go about it. You can judge it by the end result. If you are for leaving intact the corrupt Republican majority’s absolute control over the political and partisan direction of the country, you should leave or be driven from office.
I suspect that it’s going to take a full scale repudiation of the Republican Party at the polls to enable this. What that means in American politics is that the Democrats probably need to win at FDR 1932 levels which is a 60-40% landslide. With our current media diets it’s hard to picture that but it is possible. And even with that kind of mandate, it will be a very heavy lift, especially with the right having been so radicalized over the past few decades. But that’s what has to happen.










