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It's, barring unforeseen circumstances, a very durable conservative supermajority on the court now. So I think you're going to increasingly see liberals think p
by zerocrates 3y ago
It's, barring unforeseen circumstances, a very durable conservative supermajority on the court now. So I think you're going to increasingly see liberals think packing the court is desirable, even knowing it invites counter-packing on the other side, as an alternative to what they've got now. This of course assuming they ever have enough control of Congress to actually do such a thing.
Earlier in history a Court at odds with the other branches basically "blinked" when confronted with the threat of packing, but it's hard to see that happening now. It's obvious that Roberts is concerned with the image of the institution to the degree that it's affected the outcomes of cases before that were likely to be seen as overtly partisan, but there's now a conservative majority even with his exclusion.
Some of the court's outsized power and importance has happened because of Congress's unwillingness and/or inability to act, leading both parties to look to the court for "wins." I think fixing that (itself a tall order) could turn down the temperature a little, but the Supreme Court itself holds a lot of control over whether that can even work, as they're effectively the arbiter of the scope of their own power.