Thursday, October 22, 2020

Going forward in a Biden-Senate win scenario

Thanks to how Mitch McConnell is handling the nomination and confirmation of Amy Covid Barrett, I have gone from thinking that expanding the number of seats on the Supreme Court is a terrible idea to thinking that it is really the only path forward. But I also think that the public won't get solidly behind expanding the court until the Court issues a really unpopular decision. Don't get me wrong the Roberts Court with Barrett on it is sure to issue such a decision. It's just a matter of how long it takes. And if the decision doesn't come until after the time that Democrats control the White House and both Houses of Congress, the window would effectively close for enacting a court expansion plan.

So while I'm pro-court expansion right now, I also think it's a long shot. A shorter shot for reform, one which will make eventual expansion a bit easier, would be to admit DC and Puerto Rico as states. If Biden does end up in office with control of Congress, he would be pissing that away if he doesn't make it a top priority.