A sharply divided Supreme Court has ruled that the Biden administration overstepped its authority in trying to cancel or reduce student loan debts for millions of Americans.
Dems have the Senate and the Presidency and are completely within their power to pack the Supreme Court and basically alter all of the terrible rulings the Supreme Court has made lately. The problem is that many Dems do not think it is worth packing the court for women, students, or the environment. You can't just vote your way out of this as you would literally have to pack up and move to West Virginia to vote for a Senator who would be ultimately determining this.
The system is ultimately flawed and just voting isn't enough.
Ultimately I feel this is certainly more difficult and makes my criticism of inaction now invalid as Dems do not hold enough of a majority to pass legislation; however I do still see them as responsible for inaction when majorities have been held throughout my lifetime.
A) They need 50 senators willing to entertain that notion. They only have 49.
B) If there were one action that I think would be most likely to kick off Civil War 2, it would be packing the court.
Civil War 2 is already happening, you must not be paying attention.
It's time to rip off the fucking band-aid and do something about it instead of letting the Proud Boys, the Three Percenters, and others run around terrorizing the country through wanton violence and death.
All those "lone wolves" mysteriously all seem to be right-wing nutjobs, too...
Just because it's not a "hot" civil war yet doesn't mean it's not happening. One side isn't fighting back, that's for sure.
You're saying that as if the Rs won't do the same thing anyway without prior provocation. They've literally already broken the law to pack the court and the Democrats sat on their hands. They denied Obama picking a justice because it was "too close to an election" when the election was like six months away, but let Trump pick one when an election was already underway.
Take off the fucking blinders, the Republicans already do these kind of things.
Republicans are channeling full fucking fascism and you think the only thing keeping them from packing the already packed republican court is because Dems haven't done it first?
R's don't care about precedent. That's why they actually get what they want. If Democrats actually got things done, they would consistently win elections and it would be be an issue anyway.
Yeah 3 million fewer votes too. Just vote your way out of an oligarchy guys! The ruling class totally will let you and wont gerrymander or make constitutional amendments to give term limits to only Presidents...
They are not completely within their power to pack the court, sadly. They would have done so already if this were the case. They need 60 in the senate as well as a majority in the house and the presidency. Then they could.
Technically, they don't need 60. The cloture rule is what necessitates a 3/5ths supermajority to pass bills, but the cloture rule is not itself a law and so Senators can just... change it with a simple-majority vote. This has already happened twice in the recent past: once in 2013 when the Democrat-led Senate voted to eliminate the cloture rule when nominating federal circuit judges and once more in 2017 when the Ruplican-led Senate voted to eliminate the cloture rule when nominating supreme court justices.
FWIW: Senators tend to really hate doing this. They call it the "nuclear option" because they normally like to get a 2/3rds supermajority agreement before changing any standing Senate rules -- not to mention that the cloture rule itself is often treated as a total third-rail even among the other important Senate procedures. Combining the nuclear option and killing cloture is a massive political powderkeg waiting to explode... but maybe it should?
It's a shared norm. Part of the deal is an implied promise that the other guys also ignore the big red button. Really, though... that ship had already sailed years ago leaving the cloture rule to hang on by the barest of threads. I'm half-convinced that the current Senate would have already done away with it if only they had a slightly more reliable voting margin.
IMO: cloture is a dumb rule because we already have a robust system of checks in the form of a bicameral legislature plus presidential veto. The requirement for a 2/3rd supermajority in addition to these for regular everyday business is odious and something that no other large democracy does. I'm anti-gridlock on principle alone, even if I acknowledge the absolute chaos it will probably plunge the Senate into for the next dozen years or so.
Excuse me but to my knowledge the House is not needed for appoint judges, the president nominates and the Senate votes to appoint. The Senate would simply need a majority and I'm pretty sure Dems have the majority in the Senate.
Damn. If only the system gave representation per capita instead of for arbitrary reasons to get slave owners to agree. Shucks. I guess we just have to accept it and get back to work. /s obviously.
I think you're probably right as it looks to be something involving the Judiciary Act of 1869 but I've also heard that only the senate is needed to do this even today.
Obviously not a lawyer and ultimately it could have been done by Dems prior to the midterms so they would still be responsible for not packing the court earlier.
The House is not needed to appoint justices, but the size of the Supreme Court is set by federal law, and you need the House to change that law to go beyond nine justices.
I like how when Democrats are in power, they're unable to do anything...
But when Republicans are in power, they break the law at lightning speed, do things they're not supposed to do, and nobody stops them because actually the only thing staying in their way are "rules" and "decorum" and not "laws" and yet mysteriously the Democrats are always beholden to "laws" that prevent them from doing the same. Also it seems like Democrats hands are tied at actually bringing criminal charges against Republicans because that would be "partisan."^1 Just look at how they've slow-walked Trump's prosecution and only went for it when it became clear he would never comply.
Without a socialist party (as in, completely purged and free of all bourgeois influence), there's isn't a whole lot worth voting for at the federal level. Democrats repeatedly show that they are incapable of resisting the Republicans and take L's constantly (see here).
I encourage everyone to instead organize with local political orgs that can eventually build this power. The DSA being the largest currently available (and just as flawed as the other options one may have, ofc)
Damn, I was hoping for a well documented compendium of Democrat L's that have been taken because they're too cowardly to stand up for their constituents.