He’s the freaking president. Can’t he just choose to add more justices and get a new case brought to overturn the previous one? SCOTUS clearly only cares about precedent in specific cases and chooses when to use it and when to ignore it seemingly randomly. His party controls the Senate, who controls confirmations.
But they’re not going to do that. Why? Because if they did that, they couldn’t use it as a carrot-on-a-stick for fundraising to con gullible and stupid people into voting for them. They’re never going to codify it. And even if they did, SCOTUS could just overturn it later and then we’ll be right back here. And there will never be a specific constitutional amendment for it either.
Dems have had 50+ years to do something about it and they’ve chosen not to every time and instead like to use it for fundraising and like to gaslight everyone about it.
Because it’s not that simple and Biden is loathe to take a step he feels is that drastic.
He would need his picks to pass the Senate, which is not firmly in Democratic hands, and then the rebalanced court would take years to take cases to reconsider faulty earlier rulings.
So unfortunately I think Biden is correct - this needs to be solved with legislation, and yeah it should’ve been a long time ago, but abortion is such a hot button issue nobody has taken the nerve to do so, and now we are paying the price.
We need a functioning Legislature and currently don’t have it.
This, and there is also the fact that even if it worked out in the end, it is essentially a game of MAD. The moment republicans take power, they’d immediately load up the court just as the democrats did, and then the SCOTUS would end up just being an even more politicized game, with even more shenanigans destroying/ignoring precedence.
The move here is to fix our shitty ass election system.
Democrats only have a 51-49 edge in the Senate. There is no chance in the world Manchin would vote yes, and maybe 1% chance Sinema would. That doesn’t even account for the other Senators who are terrified of doing anything outside of the norm.
If he somehow got past the Senate or used a loophole to ignore their vote, the Supreme Court would weigh in and there’s no chance they would willingly diminish their power by accepting more judges, especially Democratic ones.