this post was submitted on 16 May 2024
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They can stack the court if they get a majority in both (which would increase election chances since you'd be giving people hope they won't live in a theocracy ruled an unelected supreme council. Fuck we're even less democratic than Iran on paper.), they can marginalize the court by very publicly refusing to enforce their rulings, they can have them assassinated.
The alternative is expecting to win every single election for the next 40 years or so until they die of natural causes. And then being willing to ban the filibuster to actually get a dem pick in.
There’s the rub: the republicans stacked the courts, which is how we got to where we are now. They did it even when the democrats had majority rule. The dems, on the other hand, are pretty much too scatterbrained to organize on the level necessary to pull that shit off. I’m really surprised (and impressed) that they got 278 democrats to pass that discharge petition. That was monumental, especially for the democrats.
A tactic FDR used was threatening to add justices to the court. That's what's meant by stacking the court.
The threat was enough to get them to do what he wanted, since they realized they could either go along with him, or go against it and be marginalized since they have no actual power to enforce their rulings.