If the McConnell Rule Is Dead, Court-Packing Is Permitted

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Someday, Democrats are going to have to decide whether to play by the rules Mitch McConnell advertises or those that actually govern his actions. EricLevitz writes

Time to pack it in. Photo: Getty Images Mitch McConnell leads a political party that believes that Roe v. Wade legalized genocide, that Christian institutions have been placed under siege by LGBT extremists, and that most regulations of the corporate sector are stepping stones on the road to serfdom.

Four years later, McConnell’s party still controls the Senate. And now it has the White House too. This gives him the power to approve Donald Trump’s proposed replacement for Justice Ruth Bader Ginsburg. The ascension of another right-wing jurist to the high court would advance almost all of the conservative movement’s ideological aims.

The Democratic Party’s reasons for doing this are easier to understand . In both 2016 and 2020, Democrats had prevailing norms on their side, but not the prevailing balance of power. Traditionally, the Senate’s authority to advise and approve Supreme Court appointments was not construed as a right to block any and all nominees from an opposing party’s president.

In this context, the existence of a counter-majoritarian policy-making entity — that is broadly perceived as being above politics and which can advance conservative goals by declaring them constitutionally necessary — is immensely valuable to the GOP. And this is all the more true now that Trump has packed the judiciary with Federalist Society 40-somethings.

McConnell’s flip-flop is the entire conservative legal project in miniature. It’s hardly controversial to call McConnell’s present position on election year Supreme Court appointments an attempt to disguise a will to power beneath a thin scrim of sophistry. What’s less widely accepted is that the conservative movement’s entire judicial project is more or less the same thing.

 

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small1ldy1 EricLevitz

EricLevitz All of this.

EricLevitz HUH.... Mitch and our President are following the constitution...deal with it.

EricLevitz I cannot wait till he is just a bad memory in an American history book.

EricLevitz no! it's that simple the president is a R the senate is also R

EricLevitz The Biden rule is only dead if people are going to interpret it in a way that isn’t in accordance with what the rule actually is.

EricLevitz How could anyone vote for them? I value honesty, truth, kindness, morals, ethics, & a party who is concerned with Russia interfering with our elections. I choose democracy. VoteBidenHarrisToSaveAmerica

EricLevitz Mcconnell is to old and out of touch with the average American. Our Congress needs to be limited to terms and be between age 45 and 65. He's an angry rich old man. Retire and enjoy your old age Mitch. You've done nothing to protect the American people.

EricLevitz Should be noted that if you hold the Senate, White House and DOJ you can flatly defy a Supreme Court ruling with no consequences. Whose going to hold you accountable?

EricLevitz why have they never caught on that he will rearrange truth to fit his needs - do not expect fair play from this man

EricLevitz RBG rejects court packing & term limits for Supreme Court justices Supreme Court Justice Ruth Bader Ginsburg on Tuesday dismissed proposals to pack the court and put term limits on justices, two controversial ideas for reforming the Supreme Court. RBG

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