Expand/reform the Supreme Court: pros and cons, + election wrap-up

Wow!! A historic blow-out of staggering proportions. We can discuss what it all means, definitely. Notice though, that Democrats did not bother to campaign on one of their top priorities in the next five years: Supreme Court reform. The main reason is that Dems will not be able to do anything about the Court until at least 2029 because the Senate filibuster and/or President Trump's veto would surely kill off any big changes to the only other redoubt of GOP power in our natl govt.

Despite the big win, more and more Democrats are convinced that as long as this highly partisan "drunk on its own power" Supreme Court stands in the way, no pro-democracy reforms will be possible, and the loopholes Trump used to weaken our democracy will not be closed. The USA remains one reversed blow-out election away from right wing authoritarian takeover. No major substantive liberal/progressive policy changes will be possible, either. SCOTUS has rewritten the rules so that it can pass judgement on any law it wants, basically, and the justices would without doubt overturn any and all laws on the progressive wish list - regardless of whether they are consistent with past precedent or the Constitution.

I'm sorry. But this is simply true. You might approve on sustance. Yet do you agree that SCOTUS should be the dominant branch of govt on SUBSTANTIVE matters as well as constitutional ones? And are you ok that they have stopped pretending not to be on one side politically?

By 2029 the Democrats must decide whether reigning in the Roberts Court via institutional reforms or expansion must be at the top of its to-do list should they win a USG trifecta. Internally and quietly, that debate has already begun.

We could discuss this topic. Or, since 11/9 will be our first mtg after the big midterm election, we could talk about the results and what they mean. Below are some OPTIONAL background readings on Supreme Court reform and election post-mortems. Readings on the election and what Dems should/should not do will follow tomorrow (FR).

SCOTUS reform background readings –

WHY reform -
-- Supreme Court reform is no longer optional for Democrats in 2028. Without them the future will be like the 1880s-90s and early 1930s. No laws to repair our democracy – much less enact major progressive policies - will survive SCOTUS review.
-- Roberts Court likely will remain openly partisan (helping GOP win rather than advancing any conservative judicial philosophy); anti-democratic (voting rights, money in campaigns, gerrymandering…), and intent on continuing to roll back 20th century rights revolutions.

HOW to reform:
-- Six ideas. July 2026 Pete Buttigieg’s proposal. Either recommended.

NO, DON'T reform.
-- The landslide midterm results make SCOTUS reform unnecessary.
-- Or: Create a “shadow Supreme Court” to issue non-binding commentaries on outrageous opinions and point the way to reforms. Plus add provisions to new laws that make it harder for this SCOTUS to gut them.

Election commentaries -
-- TBA Friday.