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this post was submitted on 29 Jun 2024
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It also means that lower courts in practically any state can issue injunctions on federal policy as well, which is going to open the floodgates for crazy. They've pretty much just begged everyone to vote Democrat, and get the seating of SC Justices rewritten. That, or pack the court.
The court was already packed with activist judges appointed under suspicious or hypocritical circumstances who then lied to Congress during their confirmations about their deference to precedent on a host of issues only to the engage in a massive power grab from Congress. Subsequent action to rebalance the court is not court packing.
The term "court packing" has a very specific meaning. It refers to adding seats to the supreme court to shift the balance.
Court packing is the solution. It's been suggested that the number of justices be increased to something like 20-30 (similar to the next lowest court is right now) and then judges be rotated out to other federal positions every few years (effectively a term limit in the SC itself).
This achieves two things 1) It allows for each administration to make appointments to the court as a routine matter, making it difficult to capture the court for generations at a time 2) the amount of judges waters down the influence of the extremist dipshits. We know this works because, as we saw in the past, even lunatics like Alito were kept in check when the court was not majority far-right.
Yeah, Democrats are too married to do-nothing incrementalism to ever seriously consider doing that.
It'd help if we had more than the very slimmest of majorities.
It would help if Democrats would wield the power we give them.