Sunday, November 28, 2021

QOTD -- The SCOTUS "Rule Of Six"

 

"[F]or those who believe the court has a vital role to play in protecting democracy, promoting civil rights and achieving justice, “the outlook is not good at all,” said Donald B. Verrilli Jr., who served as solicitor general in the Obama administration. “Things may unfold more slowly or less completely than our worst fears. But I think most of our worst fears are going to be realized. It’s just a question of at what pace.”

"If that grim diagnosis seems correct, the cure is more elusive. Some treatments, like court-packing, would be worse than the disease. Others, like imposing term limits, are harder to administer and wouldn’t be effective for years. Which means: The court is where it is. The Rule of Six is now in force. Conservatives have time to write their views into the law books, where they will remain for decades to come. The change they choose to enact will be swift or slow; it will be open or stealthy.

"But make no mistake: It is coming. The court, and the nation, will be worse off for it." -- Ruth Marcus in  a Washington Post feature article making the case that having a 6 right- wing- justice- majority on the Supreme Court means that "the pathways to victory are enlarged" beyond what would be attainable with a 5-justice majority, a fragile majority that might necessitate compromise.

Elections have consequences, as does having weak and institutionalist Democrats who are always willing to play by Republican rules.


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