If the McConnell Rule Is Dead, Court-Packing Is Permitted

Eric Levitz in the New York Magazine really gets to the raw ugliness of Republican power:

In actuality, the right’s position, plainly stated, is this: America’s anti-GOP majority has no preferences that Senate Republicans are bound to respect. The fact that a plurality of Americans rejected Donald Trump does not mean that he must show some deference to their views by nominating moderate justices to the Court. To the contrary, it is perfectly legitimate for the timing of various deaths — and the structural biases of America’s electoral institutions — to award conservatives with a far-right Supreme Court majority for decades to come, even as their party has lost the popular vote in six of seven presidential elections. What’s more, it is also legitimate for that majority to strike down the last Democratic president’s signature legislative achievement on specious grounds, or gut voting-rights legislation that Congress has recently authorized, or remove an entire categories of economic policy from the realm of democratic contestation — because legislating from the bench is only “judicial activism” when liberals do it; when we legislate from the bench, it is “constitutionalism.”

Author: Ben Slade

I'm a software technologist with a political bent. My views tend toward the contrarian and slightly curmudgeonly end of the spectrum.

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