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this post was submitted on 18 May 2024
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Biden putting up rules and then failing to enforce them because of a predictable Texas appeallate court issuing a predictable injunction amounts to nothing.
Biden had the opportunity to pack the courts back in 2021 and... didn't. He still has the opportunity, right now, while he has a Senate majority.
This isn't just a Biden problem. I could name a dozen of Senate Dems who paved the way for a stacked court, going back to the McCain-friendly Democrats caving to Frist's Nuclear Option back in 2005 (senior senator from Delaware whatsisface notwithstanding).
But this is a kind of learned liberal helplessness, when a guy like Biden can throw you an empty headline and get "See! He tried to do something! We just need to give him 2009 supermajorities before they'll work!" Meanwhile, if any Republican wins any branch of any level of government, that's all they need to eviscerate democracy forever.