K Harris Dem VP

[COR-TEN]

SteelPro, I totally agree. The size of the court is not the issue. It's the process of placing justices on it. But if the court does get packed by a Democratic Congress and President, Mitch McConnell will be the cause of it. Two wrongs do not make a right. It would put the final nail in the coffin of the SCOTUS as a non-political institution. But let's all realize this is Mitch McConnell's fault. Republicans who want to blame Reid, who, let's face it, had some serious faults, are either ignorant or disingenuous. McConnell has done more damage to the Senate as a governing body than just about any Senator in modern history. I believe McConnell actually has no interest in legislation or governing. He just wants to maintain Republican power and outsource the Senate's obligations to the courts. It's been disgusting. Biden, for whatever people may think about him, claims to be an institutionalist. Let's hope it is true and he does bend to court packing. But if it happens, I won't be surprised. And I sure as shit won't listen to any whiney Republican or Libertarian who complains about it. Both because these sure did not give a damn when ol' Mitch abused his role and for the reasons I outlined.

How is the size of the court NOT an issue when repubs abused and disrespected the process? It wouldn't be two wrongs, it would be a right correcting the wrong. It's not "wrong" legally. If your contention is that it's wrong ethically or morally, then why apply ethics and morality to one side only? Leaving it as is just enables and legitimizes mconnell's underhanded power grab through the courts instead of the checks and balances detailed in the constitution. And they complain that judges legislate when originalists (arguably unconstitutional in and of itself) are appointed to SCOTUS? He has made the court nakedly and unapologetically partisan. The entire country will be forced to accept decisions made over the next few generations by justices appointed through a process that was manipulated and abused. It also means the the process will be abused again given the chance, since the precedent has been set with no accountability - a forgotten concept. But of course, the moment the court is expanded to compensate, the conservative right will expand or restrict it when in power for partisan use again. Effectively completing the circle jerk. So there's that. . .

[Professor Half Wit]

HI Cor.

It is all very lamentable. I would rather just accept the Barret's appointment (and the extreme voter backlash ensuing rulings may spur) than further the tit for tat arms race. That means letting McConnell win and get away with his vile BS. My reasoning is that our institutions matter and we must not let the urge to seek revenge against vile people ruin these institutions. Will the court be conservative for a generation? Yes. Will it radically alter our freedoms and rights in all domains? Maybe. I'm not so sure. Genuine conservative jurisprudence is not the same thing as conservatism. But I do not want the long term health of the division of powers to suffer from short term revenge. And I do hope an entire generation is short term for this country. Let conservatives gloat. I'm of a mind that being a low life piece of shit is its own punishment.