I’m not sure we can count on the 6-3 court to prevent legislative wins from the Dems. Roberts, assuming he stays during a Biden term, is going to be very concerned about preserving the courts legitimacy. Gorsuch seems somewhat swing vote-y and at this point I’m not sure Trump has the votes to nominate someone much further to the right than Gorsuch. Amy Coney Barrett is the most talked about nominee, but I can’t see her getting through the senate.
I could see a situation in which the court refrains from taking on divisive cases that would overturn a precedent (similar to how they’ve been handling electoral and abortion cases this year). The court, conservative as it is, is much more concerned about preserving institutions than congress is. Roberts isn’t going to want to give Biden more ammunition to court pack.
I think Dems have the ability (and legal latitude) to accomplish most of what LC suggested without being stopped by the court. It also seems counterproductive to give Dems a reason to pack the courts when that probably could be avoided now.
I totally agree that nominating Merrick Garland would be a stroke of genius. Election winning even.
Edit: Lagoa also looks good. She could probably win over the republicans saying no and maybe win over some conservative Dems. Maybe it’ll even win Trump Florida.
I could see a situation in which the court refrains from taking on divisive cases that would overturn a precedent (similar to how they’ve been handling electoral and abortion cases this year). The court, conservative as it is, is much more concerned about preserving institutions than congress is. Roberts isn’t going to want to give Biden more ammunition to court pack.
I think Dems have the ability (and legal latitude) to accomplish most of what LC suggested without being stopped by the court. It also seems counterproductive to give Dems a reason to pack the courts when that probably could be avoided now.
I totally agree that nominating Merrick Garland would be a stroke of genius. Election winning even.
Edit: Lagoa also looks good. She could probably win over the republicans saying no and maybe win over some conservative Dems. Maybe it’ll even win Trump Florida.
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