this post was submitted on 06 Nov 2026
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Without control of the White House, there is of course only so much Democrats can do with their newfound power. And in the context of the myriad horrors of the first half of President Donald Trump’s second term, talking about what the party “should” do next is roughly analogous to deciding which out-of-control forest fire to fight first: There is not enough water, there are lots of worthy candidates, and all of them are getting worse. 

One thing must be true, though: Whatever issues Democratic lawmakers choose to focus on—and, as the 2028 ideas primary gets underway, whatever ambitious ideas Democratic presidential hopefuls choose to support—the party must also have a plan for taking on the Supreme Court, which remains an existential threat to anything Democrats might hope to accomplish. Even if the party is fortunate enough to win a trifecta—the House, the Senate, and the White House—in 2028, things like a Green New Deal and Medicare for All and a new Voting Rights Act do not stand a chance before this six-justice conservative supermajority. Regrettably, what I wrote in 2020 is just as true today: If Congress passes any one of these proposals into law, the only real question is which justice ends up writing the opinion that kills it.

top 29 comments
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[–] Skyrmir@lemmy.world 32 points 59 minutes ago (1 children)

Talk about impeaching judges who took bribes now. Expand the court next.

[–] marxismtomorrow@lemmy.today 4 points 58 minutes ago (1 children)

The latter would make the former infinitely more possible.

[–] OwOarchist@pawb.social 7 points 41 minutes ago (1 children)

Impeachment of Supreme Court justices doesn't involve the courts at all. It's done solely through Congress.

[–] marxismtomorrow@lemmy.today 1 points 28 minutes ago (1 children)

SCOTUS settles numerous disputes and could, like they did in the early 2000s, change the outcome of contested elections. If they do so to those that may have the plan to impeach the court, there is little anyone can do to stop them. Therefore expanding the court first takes priority, to prevent the court from retaliation.

[–] JcbAzPx@lemmy.world 1 points 12 minutes ago

Actually, that would have to be the opposite order. The court can't be expanded until there isn't a republican in the Whitehouse. So priority must be given to impeachment so that the current bad actors don't try to overturn the next election to save themselves.

[–] 0ndead@infosec.pub 15 points 56 minutes ago* (last edited 55 minutes ago) (1 children)

Pointless until we have a Dem in the White House

Start with impeaching the corrupt fucks instead

[–] homesweethomeMrL@lemmy.world 2 points 51 minutes ago
[–] dhork@lemmy.world 4 points 47 minutes ago* (last edited 47 minutes ago)

We could pass a Constitutional Amendment to reform the Court however we want, and the President doesn't get a say. But it will take 2/3 of Congress and 3/4 of the States on board. That will be a hard bargain in these divided times.

What you can do with legislation is add justices to the court. So, if Democrats manage to take all branches of government in 2028, the very first bill they should pass into law is a bill to add 4 new seats to the court, effective in time for the start of the next Court session in September, nuking the fillibuster if necessary. Then, that's the point where they go to Republicans and say "Work with us on a court reform amendment now, or President Newsom will appoint 4 progressive judges in their early 40's to life terms on the Court, no backsies". I bet that amendment gets passed in 6 months.

[–] Blibly@lemmy.world 3 points 52 minutes ago* (last edited 52 minutes ago)

Start saying it now, let the GOP make a show of stopping it, and make it clear that if Dems win the trifecta in 2028 this country will have a very beautifying makeover.

[–] OwOarchist@pawb.social 2 points 42 minutes ago (1 children)

There's no point in expanding the Supreme Court until Trump is out of office.

Any new Supreme Court justices would have to be nominated by Trump, and he's never going to nominate anyone you'd want to see on the Supreme Court.

If you expand the court now, the best case scenario is that those seats remain vacant until after the next presidential election. (The worst case scenario is that Trump somehow manages to get nominations approved in the Senate, and now you've just given Trump more Supreme Court picks.)

[–] homesweethomeMrL@lemmy.world 2 points 34 minutes ago

Tbf it does say “talk about” expansion. In preparation for a 2028 win, one expects.

[–] missingno@fedia.io 1 points 25 minutes ago

While a much larger reform and/or constitutional amendment is probably necessary, I think the most reasonable short-term compromise I'd pitch would be one new seat per presidential term. That's a gradual enough expansion to avoid any accusations of trying to pack the courts all at once while one party has control.

[–] schipelblorp@sh.itjust.works 1 points 55 minutes ago (1 children)

The SC would just rule it unconstitutional and end of story. Why are we talking about this? Even FDR couldn't do it.

What we do have a mechanism to do is impeach Justices and plenty of cause to do so.

[–] homesweethomeMrL@lemmy.world 4 points 51 minutes ago (1 children)

Well, no, they’re not able to strike down laws because they want to. Presuming competent aides draft a Constitutionally-adherent law they can’t say shit.

Besides, this should be in concert with impeaching Clarence, Alito, and Boof.

[–] SkybreakerEngineer@lemmy.world 2 points 42 minutes ago (2 children)

They literally did this with parts of the constitution already

[–] schipelblorp@sh.itjust.works 2 points 33 minutes ago

My favorite is the little carve out they gave themselves for banning free speech around the SC building.

[–] homesweethomeMrL@lemmy.world 1 points 33 minutes ago (1 children)

They struck down parts of the Constitution?

[–] SkybreakerEngineer@lemmy.world 2 points 30 minutes ago (1 children)

Basically any part that limits the President. Engaged in rebellion, not a hurdle. Take care to execute laws, too much of a hassle. Power of the purse, might as well be his.

[–] homesweethomeMrL@lemmy.world 1 points 24 minutes ago

Mmm I’m not sure that’s the case, but they absolutely have been corrupt holes for trump.

Firstly, trump would have to admit he’s starting a coup, then he’d have to prove his coup is part of his Presidential duties, which. If you’re buying that I got a bunch of bridges in Arizona to sell.

[–] ArbitraryValue@sh.itjust.works 0 points 31 minutes ago* (last edited 29 minutes ago) (1 children)

You might as well just have a rule that says each new President can appoint a fresh set of judges, because that would be the practical effect of such a change. I suppose that to many people, the idea of a Republican court during Republican presidential administrations and a Democratic court during Democratic presidential administrations is more appealing than the current court, but I'm not at the point yet where I would favor undermining the independence of the judicial branch even if that would lead to better short-term outcomes.

[–] homesweethomeMrL@lemmy.world 3 points 27 minutes ago (2 children)

each new President can appoint a fresh set of judges, because that would be the practical effect of such a change.

Why would court expansion mean revolving justices?

[–] doc@fedia.io 2 points 19 minutes ago

They're advocating a slippery slope argument. If you add three, then I'll add three, and then the next person after that will add three.

I don't see that being realistic and I would hope any such expansion would have a phased-in approach to make it more palatable and fair, and less likely to be stopped or altered.

[–] ArbitraryValue@sh.itjust.works 1 points 23 minutes ago (2 children)

Not literally revolving justices, but rather adding enough new justices each time to establish a majority.

[–] JcbAzPx@lemmy.world 1 points 9 minutes ago

That never happened before when the court was expanded. We always ended up waiting until long after it became necessary for the next expansion.

[–] homesweethomeMrL@lemmy.world 1 points 22 minutes ago (1 children)

So like a constant stream of court expansion bills?

[–] ArbitraryValue@sh.itjust.works 1 points 9 minutes ago (1 children)

Yes - if the Democrats do it, I don't think that the next time Republicans are in power they'll just accept the Democrats' Supreme Court.

[–] Triumph@fedia.io 1 points 1 minute ago

Cool. I can't wait until I'm a Supreme Court Justice.

[–] modestmeme@lemmy.world 0 points 48 minutes ago (1 children)

Nah. It’s mucking too much with the Constitution and undoubtedly will be used against the country the very minute Republicans regain Congressional majority. That and DC statehood (DC is separate for a reason) are just dumb ideas.

Focus our efforts on overturning Citizens United and reforming the manner in which campaign finances work.

And absolutely prosecute every last bit of corruption and profiteering done by any politician. Make Congress a means of public service far and above any means of making money.

[–] Rhaedas@fedia.io 4 points 35 minutes ago

Part of today's problems are because we don't muck with the Constitution enough. I used to think of myself as a Constitutionalist, but learned that those who go by that name see it both as a sacred document but one they can interpret however they feel. It was designed and planned to be changed with the times, and we haven't done a great job doing that.