March 18, 2019

WELL, HE CAN’T DO THAT WITH A DEMOCRATIC HOUSE: Should Trump add six or more seats to the Supreme Court right now? But that’s not the plan:

This is not a Swiftian Modest Proposal-esque satirical suggestion. I’d like to see Trump do it — but not to get those seats added to the Supreme Court. If Trump tries it, Congress would move heaven and earth to block him from succeeding at his court-packing plan, and that would be a bipartisan effort. We’ll have more later on the bipartisan project to curtail the National Emergencies Act after Trump’s border-wall declaration, but this would generation an outrage of an order of multitude higher. Legislation to limit the Supreme Court to nine seats might even pass on unanimous votes, or at least far more than would be needed for a veto override.

That assumes that Trump would veto such a bill. He’d get exactly what he wants — a way to make sure that the current composition of the court endures, plus a strengthening of an institutional norm as his legacy. At the very least, it would expose his potential 2020 challengers as the idiots and blowhards they are for floating this idea in the first place, and that is in itself priceless. Especially for Trump in 2020.


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