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Miles Archer

(24,338 posts)
Sun Sep 7, 2025, 11:01 AM Sep 2025

The Federalist Society (formerly "Supreme") Court & a Republican-led Congress are never coming to the rescue

There is a tendency to say "This can only get so much worse, and then SOMEONE is going to STEP UP."

No, sorry, that will not be happening if your "someone" is Leonard Leo's hand-picked "justices" or the MAGAt House and Senate. They will let Trump burn it all down if they are the only thing standing between him and his worst instincts.

I'm doing my best to read the tea leaves and am still struggling to see that America, in a BIG WAY, gives a damn about what's happening right now.

Honest to God, I have no idea what it's going to take.

Maybe Trump declaring war and calling off the 2026 midterms will do the trick.

Maybe not.

But the one thing I hope that everyone can see is that when it happens, it won't be courtesy of John Roberts, Mean Old Uncle Thomas, Sammy the Flag Man, and Leonard Leo's Three Stooges...OR the Republicans in the House and Senate. NONE OF THESE PEOPLE ARE COMING TO THE RESCUE.

12 replies = new reply since forum marked as read
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The Federalist Society (formerly "Supreme") Court & a Republican-led Congress are never coming to the rescue (Original Post) Miles Archer Sep 2025 OP
The next Dem president will either need to expand the court newdeal2 Sep 2025 #1
Presidents don't expand the court, only congress can Fiendish Thingy Sep 2025 #3
Good leaders lead and get others in line newdeal2 Sep 2025 #4
The damage he has done is only possible with a compliant congress and courts Fiendish Thingy Sep 2025 #6
Yes but it's going to require a leader who thinks outside the box newdeal2 Sep 2025 #8
Thinking outside the box doesn't mean thinking outside the constitution Fiendish Thingy Sep 2025 #10
I never said that newdeal2 Sep 2025 #11
Which is why the filibuster must die, and the court must be expanded Fiendish Thingy Sep 2025 #12
I have a long wish list for the SCOTUS Miles Archer Sep 2025 #5
Only need 51 votes in the senate to expand the court Fiendish Thingy Sep 2025 #9
Trump can't call off elections due to war Fiendish Thingy Sep 2025 #2
I don't even think a genuine fascist state would wake people up! NCDem47 Sep 2025 #7

newdeal2

(5,613 posts)
1. The next Dem president will either need to expand the court
Sun Sep 7, 2025, 11:05 AM
Sep 2025

Or drive a public campaign to pressure enough of them to resign.

Fiendish Thingy

(24,092 posts)
3. Presidents don't expand the court, only congress can
Sun Sep 7, 2025, 11:10 AM
Sep 2025

The president just has to sign the law, and so support for court expansion must be a litmus test for selecting the 2028 Dem nominee, as well as selecting Dem nominees for senate.

newdeal2

(5,613 posts)
4. Good leaders lead and get others in line
Sun Sep 7, 2025, 11:11 AM
Sep 2025

Say what you will about Trump, but he has done a lot of damage with slim margins.

Fiendish Thingy

(24,092 posts)
6. The damage he has done is only possible with a compliant congress and courts
Sun Sep 7, 2025, 11:22 AM
Sep 2025

Trump is enabled by a SCOTUS that supports the Unitary Executive (most lower courts do not).

That is why congress must expand the court and castrate the Roberts MAGA majority.

newdeal2

(5,613 posts)
8. Yes but it's going to require a leader who thinks outside the box
Sun Sep 7, 2025, 11:27 AM
Sep 2025

And acts outside of traditional norms. That’s going to scare a lot of people on our side, but I don’t see any other way.

Fiendish Thingy

(24,092 posts)
10. Thinking outside the box doesn't mean thinking outside the constitution
Sun Sep 7, 2025, 11:31 AM
Sep 2025

That’s how we got in this mess.

newdeal2

(5,613 posts)
11. I never said that
Sun Sep 7, 2025, 11:38 AM
Sep 2025

But the next Dem presidency cannot operate like the last three. You cannot paper over the destruction this time.

Fiendish Thingy

(24,092 posts)
12. Which is why the filibuster must die, and the court must be expanded
Sun Sep 7, 2025, 01:10 PM
Sep 2025

Without those two steps, long held precedents protecting the rights of the people will continue to be overturned, and rebuilding from the wreckage of the Trump years cannot occur.

I think a president who supports and urges taking those two steps is sufficiently “outside the box” and norms of business-as-usual Washington to make a substantive difference in repairing the nation.

Miles Archer

(24,338 posts)
5. I have a long wish list for the SCOTUS
Sun Sep 7, 2025, 11:12 AM
Sep 2025

I understand most of this would be impossible without a significant Dem majority, but...

1). Expand the court
2). IMMEDIATE ethics reform. None of this "form a committee and talk about it forever and do nothing" nonsense. Give it six months and commit to having it DONE and IMPLEMENTED at that time.
3). An IMMEDIATE. RETROACTIVE END to "lifetime appointments."
4). IMPEACH CLARENCE THOMAS for FREQUENT conflicts of interest and "gifts" from his billionaire boy pals.
5). STRICT REQUIREMENTS FOR RECUSAL in which ANY justice has "advocated for" individuals key to their "rulings."

Fiendish Thingy

(24,092 posts)
9. Only need 51 votes in the senate to expand the court
Sun Sep 7, 2025, 11:30 AM
Sep 2025

Assuming Fetterman is replaced in 2028.

#2 - the key to ethics reform, IMO, is the ability to suspend justices without pay for noncompliance.

#3 is tricky, as the constitution implies justices shall indefinitely as long as they exhibit good conduct (doesn’t mean we shouldn’t try for term limits)

#4 I agree congress should hold impeachment hearings, perhaps as a preview for ethics legislation, but removal isn’t going to happen. Nevertheless, Clarence is way overdue for his time in the barrel- the hearings should make his confirmation hearings look like a picnic.

#5 - not sure how that would be enforced, but certainly there could be some narrow, concretely defined and enforceable standards created.

Fiendish Thingy

(24,092 posts)
2. Trump can't call off elections due to war
Sun Sep 7, 2025, 11:08 AM
Sep 2025

States run the elections, and we had them during the Civil War, WWI and II, Viet Nam and after 9/11.

Trump wouldn’t be pushing for gerrymandering if he thought he could get away with cancelling elections.

I do agree that the Republican congress and, for the most part , SCOTUS won’t rescue us, which is why, when considering which Dem senate candidate to vote for in the primaries, one must consider this litmus test:

1) do they support court expansion and reform to castrate the MAGA majority on the Roberts court?
2) do they support killing the filibuster to do so?

I will not donate to any senate candidate who doesn’t support the above actions.

NCDem47

(3,523 posts)
7. I don't even think a genuine fascist state would wake people up!
Sun Sep 7, 2025, 11:23 AM
Sep 2025

If folks can still drive their Gus guzzling trucks and SUVs, sip Starbucks and order Amazon, all is good.

Life is FABULOUS if you’re white, straight and Christian. Doesn’t matter if you have a few bucks in the bank or leveraged to your eyeballs.

America has totally and utterly lost the thread when it comes to compassion.

It will take people loosing their shit when there’s no power, Internet, trash pickup, food or prescriptions and the dollar is worth nothing to realize the veneer was really, really thin.

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