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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsExpert has a brilliant strategy for Democrats to protect their agenda from the Supreme Court
Although Democrats now control the White House and both houses of Congress, there is one branch of the federal government where their ideas presently have very little influence: the U.S. Supreme Court. President Joe Biden, Vice President Kamala Harris, Senate Majority Leader Chuck Schumer and House Speaker Nancy Pelosi find themselves saddled with the most right-wing Supreme Court in generations. But writer Keshav Poddar, in an article published by Slate this week, offers a possible Supreme Court coping strategy for Biden's administration and Democrats in Congress: essentially, backup plans for their legislation.
"Against all odds, an ideologically reinvigorated Democratic Party has won the House, Senate and presidency," Poddar observes. "Democrats have the opportunity to finally deliver long-overdue reforms to address structural economic inequality, provide every American with adequate health care and take aggressive action to save our environment before it is too late. But (Senate) Minority Leader Mitch McConnell has left Democrats with one big problem: the courts."
Although Democrats have won the popular vote in six of the last seven presidential elections, six of the nine current Supreme Court justices were appointed by Republican presidents. Some liberal pundits have proposed packing the court that is, increasing the number of justices, which President Franklin Delano Roosevelt proposed during the 1930s. But Poddar points out that Democrats' slim majority in the Senate simply isn't enough for the type of "knockdown, drag-out fight that such a move would require."
Instead of thinking about court packing, Poddar suggests, Democrats should consider "another way to stop the Court from totally derailing progressive economic reform that Democrats can use right now." "Democrats could deploy a new legislative tactic that has never been tried before: They can include 'clearly constitutional' precautionary backup provisions in progressive legislation that would automatically take effect if the primary policies in the bill are invalidated," Poddar recommends. "The backup provisions would usually involve extreme, but undeniably constitutional, policies designed to achieve the same original goals as the preferred policy. This will either force the Court to lay off of progressive programs, or enable progressive policy aims to be achieved even if it intervenes."
SOURCE: https://www.rawstory.com/supreme-court/
turtleblossom
(504 posts)unblock
(56,239 posts)Terry_M
(820 posts)the backup provision is a more painful/less direct way to do the same thing that no one wants but is clearly constitutional.
income tax and capital gains tax is constitutional clearly. an 80% income/capital gains tax on the wealthiest might be really hated but invalidating it would be invalidating the government's power to tax..
so if a 2% wealth tax is ruled unconstitutional under some bizarre argument, then the backstop is a completely legal 'income and capital gains' tax increase. if they say the income and capital gains tax is unconstitutional somehow then they invalidate the federal government's ability to tax so bye bye military spending?
unblock
(56,239 posts)As in, they would say the concept of having a scorched earth policy that only kicks in if the Supreme Court renders some other part unconstitutional is itself an infringement on the powers of the judicial branch and therefore unconstitutional.
Terry_M
(820 posts)as long as the language is well crafted, I dont see a valid argument there.
unblock
(56,239 posts)They just need a pretense.
See bush v. Gore....
DarthDem
(5,464 posts)msfiddlestix
(8,181 posts)but I don't see in these excerpts "what that something is". Is it a congressional rules procedure, is it an amendment to the constitution ? Is it about eliminating the EC? what is the answer or solution?
BigBearJohn
(11,410 posts)msfiddlestix
(8,181 posts)and won't allow access. So, can you maybe just provide an excerpt to the bottom line action that can be done? If it's inconvenient, no worries. maybe someone will offer commentary on it or it will eventually surface elsewhere.
mopinko
(73,830 posts)lots of us here wont go to rs. for a lot of reasons.
PoliticAverse
(26,366 posts)a bill with a 80% marginal tax rate in the first place?
Volaris
(11,768 posts)It's more like 'heres our 80% tax on bakers who wont bake gay wedding cakes'
As a backup, (in case the court says this is not allowed) heres our Clearly Constitutional 10% Across the Board Income Tax Hike.
PoliticAverse
(26,366 posts)it could pass a bill containing that provision as a "backup".
Volaris
(11,768 posts)Are you asking if they WILL do so, given the current seat makeup?
That's an up in the air question. The 'backup provision seems not to be so much about what can exit the Congress, so much as a warning to the courts:
this is what we want to do; dont dick around with us politically or we will find a way to get that result anyway but it will be less good for more people, and you all can take the hit for it.
It's an interesting approach (and thought experiment).
I very highly doubt it will actually get tested by being written into a bill.
tymorial
(3,433 posts)How exactly is another backup bill going to solve the problem when they can pretty much scrap anything they want to with a single vote? Contingency plans are meaningless when they can be easily revoked. And no, there are no traps that can be put into place to prevent judicial review. The court would simply strike every attempt.
This notion is, and I am sorry.. I don't mean to offend anyone... juvenile. It the Supreme court wants to destroy legislation, they can. It takes congress to rewrite and pass new legislation to overcome. If the Supreme court was in fact completely and totally corrupt, it would take a new constitutional amendment to end their activities. That isn't going to happen. It just isn't. America is just too broken.