If Biden Doesn't Get That SCOTUS Will Trash Entire Progressive Agenda, He Shouldn't be Taken Seriously as a Candidate

Biden's big policy ideas are worthless unless Congress does something about the Supreme Court. Even if Biden is elected and manages to work with Congress to pass great legislation to fix economic inequality, healthcare, immigration, labor law, climate, and gun violence, the stolen Supreme Court is going to rip up those laws. If Biden doesn't get that, he shouldn't be taken seriously as a candidate.


Biden used to chair the Senate Judiciary Committee, so he knows that the number of Supreme Court Justices is not set by the Constitution.  Congress has changed the number in the past and can do so again. Expanding the size of the Court is a common sense step Congress can take to restore a court that protects democracy and a necessary step to stop a court that makes political decisions damaging to the American people.



The risk of escalating responses from the GOP is overstated. Mitch McConnell has already broken every norm to steal the Court. Concerns about his efforts to do so again in the future shouldn’t prevent us from trying to fix the problem in the here and now. Expansion is the only way to restore the Court, and if the GOP steals it again, the country won't be any worse off than today. Cycling between Republicans stealing the Court and Democrats restoring it is far better than unilateral surrender.

Take Back the Court’s new study argues that the Supreme Court has broken democracy by allowing hyper-partisan gerrymandering, dismantling the Voting Rights Act, and enabling unlimited dark money to flood our politics. Because the Roberts majority will not allow Congress to enact new laws to restore democracy, the Court must be expanded if the system is to be un-rigged.

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Aaron Belkin