Something needs to happen. Whether this Court can be reined in the way the 1937 Court was reined in is another matter, however. The momentum was in favor of jurisprudential change in the '30's. The momentum in favor of "textualism" (which is to "originalism" what WI Synod Lutherans are to MO Synod Lutherans) is decidedly going the other way. Roberts could vote with the "liberals" until the cows come home, and ACB would still be the "5th vote" against the New Deal (so to speak). I don't like to put much weight on Wiki articles, but the description of the Court in 1937 sounds oddly familiar. It's perhaps too much to expect history to repeat itself and a majority of the Court suddenly "come to Jesus." Or retire or die while Biden is in office and the Democrats control the Senate.Ronald Reagan's old solicitor general reads the likely prospect of a near-permanent 6-3 conservative majority on the Supreme Court for the complete anti-majoritarian disaster that it certainly will be. https://t.co/SrVBvFMkpT
— Charles P. Pierce (@CharlesPPierce) October 20, 2020
But if it doesn't, public opinion in support of expanding the Court could be rallied, especially after McConnell's Senate denied any vote on a stimulus bill until ACB was seated. I'm not counting on the lame-duck session to get much accomplished, especially if any number of incumbents are turfed out. The political disaster of that could be firmly on the heads of the GOP, and could motivate support to "fix" the Court, too.
Especially if the Court goes off the rails once ACB is there. All indications are that it will.
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