How does one deal with the death of Ruth Bader Ginsburg, and the fact that it's likely that a Trump-appointed replacement will be confirmed? I suppose there is at least some chance that four Republicans will not support filling the seat. So far, two have said they oppose doing so, but two more could be difficult, and I don't trust Susan Collins would actually come through.
Another way of asking this question is: how do you deal with something over which you have no control? Despair? Hardly helpful.
What if you back up and look at the situation? Is a 6-3 majority really the end of the world? Is the Supreme Court really the center of the universe? It's a bad thing, especially when some members of the Court are clearly pursuing a political agenda. But also recall marriage equality never happened under a more liberal court. So the question is, what positive things can be done to pursue a progressive agenda in spite of the conservative SCOTUS?
For the sake of argument, let's assume Biden wins and brings along a Democratic Senate. (If Biden loses, we get a sixth conservative anyway, so it doesn't matter.) I will start by stating that--although I am in favor of it in principle--expanding SCOTUS would not be the first arrow I would fire from my quiver. I think it might be better as a threat hanging in the background. Instead, the first tactic is to pass a lot of popular progressive laws and dare the Supreme Court to strike them down. The Court's reputation is already on shaky ground, and if they are seen as going too far in legislating from the bench and that they are just another political branch of government, then public sentiment could turn against them even more, and court packing becomes a more palatable option.
The list of possibilities is long. Medicare for All, a new Voting Rights Act, aggressive environmental and climate change laws, student loan forgiveness, progressive regulatory laws for banks and other corporations, a new campaign finance law, etc.
One thing is for sure: there is nothing to be gained by trying to work from the center as the Never-Trumpers would have it. There is no future in compromising with the "reasonable Republicans" because there aren't any. It's time to pursue a truly progressive agenda.
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