Alito and Thomas are already privately under a lot of pressure that, if the mid-terms go poorly for Republicans, they should resign while Trump is still in power so he can install two far younger, far more right-leaning conservative judges. If this happens, the ONLY chance for us to have a functional court system in our lifetimes is an expansion of the court and consecutive terms of a Democratic president with a backbone.
Alito and Thomas
will retire. I was panicked about it when Trump won in November, but I no longer think it matters. Packing or neutering the court is the only way to get our country back. There's a pretty strong case that
judicial review is unconstitutional.
You can't allow some lunatic judge in Florida or Texas to govern the country by judicial fiat. That's literally what psychopaths like Aileen Cannon and Matthew Kacsmaryk have been doing. Don't be surprised if those are the names that replace Thomas and Alito, either.
The billionaire-owned and run Federalist Society (hi, Leonard Leo!) saw a weakness in our constitutional system decades ago and has been working to ensure permanent minority rule. We've already seen it with Biden. Democrats controlled the trifecta in 2021, but Biden wasn't allowed to govern. That right is reserved for Republicans. Democratic rule, according to them, is illegitimate. Biden wanted to forgive student loan debt. Nope, the courts won't let him. Trump wants to close entire federal agencies without congressional approval? No problem.
As I see it, we have three paths forward, and all of them require a Democratic trifecta and bold, brave leadership in 2029. I'm not optimistic.
1) Pack the court. We need 80 judges on the Supreme Court.
2) Remove all of Trump's judges. Trump is an insurrectionist and a traitor to our country. Every decision he's made is illegitimate. That's 235 judges, including one-third of the Supreme Court, and likely five of nine by 2029.
3) End judicial review.
Those are extreme solutions, but it's either that or live under oligarch-approved Christofascism for the foreseeable. Ideally, you'd implement all three solutions at once.